Foss v. Board of County Commissioners
Supreme Court of Minnesota
Action in the .district court for Roseau county by plaintiff, a resident taxpayer, to restrain defendant from acting upon a petition for the change of the county seat from the village of Roseau to the village of Badger. The case was tried before Grindeland, J., who found in favor of defendant and ordered that the temporary injunction be dissolved and the action dismissed. From a judgment entered pursuant to the findings, plaintiff appealed.
1Opinion of the CourtLewis, J.
Section 647, G. S. 1894, provides that the petition for a change of the county seat, when presented to the county auditor, shall be accompanied by the affidavit or affidavits of not less than two of the signers. *239thereof, stating certain facts not necessary to repeat. In this case it was not stated in the affidavits that the parties executing the same were signers of the petition, and for that reason it is claimed the board of county commissioners did not acquire jurisdiction to- proceed at the special meeting called by the county auditor pursuant, to the petition.
The position is not well…
2Cases cited1 opinion
- Tucker v. Board of County CommissionersSupreme Court of Minnesota · 1903
3Cited by1 opinion
- In Re Petition for Change of County SeatSupreme Court of Minnesota · 1928