State Ex Rel. Boedigheimer v. Welter

Gallagher, Chief Justice.

On the petition of Hugo Boedigheimer, a writ of quo warranto issued out of the district court of Otter Tail county requiring respondent, William L. Welter, to show by what authority he assumed to exercise jurisdiction as municipal judge of the village of Perham. On the pleadings the trial court ordered the writ vacated and the proceedings dismissed. This appeal is from a judgment entered pursuant to that order.

The municipal court in question was established by Ex. Sess. L. 1933-1934, c. 35. Section 2 thereof reads:

“Said Court shall possess all the powers and, except…