State ex rel. Townsend v. Ward
Supreme Court of Minnesota
Order to show cause, upon application by the state on the relation of William D. Townsend, why a writ of prohibition should not issue to prevent the defendant Ward and other members of the common council of the city of Sauk Centre from proceeding to try relator upon a charge of misconduct in office preferred against him as mayor of said city.
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Order to show cause, upon application by the state on the relation of William D. Townsend, why a writ of prohibition should not issue to prevent the defendant Ward and other members of the common council of the city of Sauk Centre from proceeding to try relator upon a charge of misconduct in office preferred against him as mayor of said city. A difference of opinion between the mayor and council is not ground for removal unless it appears that the acts of the mayor are willful and arbitrary and tend to obstruct the business of the city. As to the obligation of the mayor to sign orders, see:…
1Opinion of the CourtCollins, J.
Order upon the members of the common council of the city of Sauk Centre to show cause why a writ of prohibition should not issue and directing said council to desist and refrain from proceeding to try the relator — mayor of said city — upon a charge of misconduct in office. From the moving papers it appears that the charge, as preferred by a member of said council, contains two specifications substantially the same, namely, that said relator had willfully, arbitrarily, wrongfully, unlawfully and without any sufficient excuse therefor refused and neglected to sign his name, as mayor of the…
2Cases cited11 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- In Re CooperSupreme Court of the United States · 1892
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Hahn v. YoungSupreme Court of Minnesota · 1881
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3Cited by4 opinions
- Southern Pacific Co. v. Heltzel & Pacific Inland Tariff Bureau, Inc.Oregon Supreme Court · 1954
- The Jesmer Co. v. Wurdemann-Hjelm Corp.Supreme Court of Minnesota · 1957
- Townsend v. Common CouncilSupreme Court of Minnesota · 1898
- Lord v. BazilleSupreme Court of Minnesota · 1903