State ex rel. Tuttle v. Braden
Supreme Court of Minnesota
Mandamus, brought in the district court for Ramsey county, to compel the issuance of a logging permit. The case made by the petition and alternative writ was as follows: The respondent, as state auditor and ex officio state land-commissioner, after proper notice, duly offered for sale at auction the standing pine timber on a designated school section. The relator was the highest bidder, and the'timber was struck off to him.
Read the full summary
Mandamus, brought in the district court for Ramsey county, to compel the issuance of a logging permit. The case made by the petition and alternative writ was as follows: The respondent, as state auditor and ex officio state land-commissioner, after proper notice, duly offered for sale at auction the standing pine timber on a designated school section. The relator was the highest bidder, and the'timber was struck off to him. He duly demanded a permit, in accordance with the regulations of the land-office, at the same time offering to execute and deliver the statutory bond. The relator refused…
1Opinion of the CourtGideillan, C. J.
This case is, in its facts, similar to that of State v. Whitcomb, 28 Minn. 50, (8 N. W. Rep. 902,) the argument being but a reargument of the principal question decided in that case, to wit, the question whether the courts may direct and control the state auditor in the performance of his official acts as commissioner of the land-office. In the case referred to it was decided that they have no jurisdiction to do so. In Chamberlain v. Sibley, 4 Minn. 228, (309,) it was held otherwise in respect to official acts which the court styled “ not necessarily pertaining to the duties of the executive,…
2Cases cited4 opinions
- Martin v. LennonSupreme Court of Minnesota · 1872
- Western Railroad v. De GraffSupreme Court of Minnesota · 1880
- State ex rel. Thompson v. WhitcombSupreme Court of Minnesota · 1881
- Rondeau v. BeaumetteSupreme Court of Minnesota · 1860
3Cited by6 opinions
- Cooke v. IversonSupreme Court of Minnesota · 1909
- First National Bank of Mankato v. WilsonSupreme Court of Minnesota · 1951
- State ex rel. Kinsella v. EberhartSupreme Court of Minnesota · 1911
- State Ex Rel. Birkeland v. ChristiansonSupreme Court of Minnesota · 1930
- Hayne v. Metropolitan Trust Co.Supreme Court of Minnesota · 1897
1 more not listed; retrieve them via the Exa API.