State ex rel. Simpson v. Fleming
Supreme Court of Minnesota
Upon information of the attorney general this court issued its writ of quo warranto directed to J. H. Fleming, requiring him to show by what warrant he assumed to exercise jurisdiction as special municipal judge of the city of Virginia. The facts were stipulated. Defendant demurred to the petition for the writ.
1Opinion of the Court
Lewis J.
Proceedings in quo warranto to test the right of respondent, J. II. Fleming, to hold the office of special municipal judge of the city of Virginia, St. Louis county. The appellant demurred upon the ground that the petition and the writ do not state facts sufficient to constitute a cause of action.
*137The petition sets forth that prior to September 29, 1908, a municipal court existed in the city of Virginia, under the provisions of chapter 229, p. 575, Laws 1895 ; that Fleming was elected to the office of special municipal judge at the general city election held in November, 1907, for the…
2Cases cited3 opinions
- State ex rel. Hagestad v. SullivanSupreme Court of Minnesota · 1897
- State ex rel. Rosckes v. DregerSupreme Court of Minnesota · 1906
- State ex rel. Shissler v. PorterSupreme Court of Minnesota · 1893
3Cited by8 opinions
- Schulte v. FitchSupreme Court of Minnesota · 1925
- Board of Education v. HoughtonSupreme Court of Minnesota · 1930
- Brown v. SmallwoodSupreme Court of Minnesota · 1915
- Ledwith v. RosalskyNew York Court of Appeals · 1927
- State ex rel. Hilton v. EsslingSupreme Court of Minnesota · 1923
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