Moede v. Haines
Supreme Court of Minnesota
Action in the district court for Stearns county by Herman Moede and others as a board of inspection and examination of ballots. From an order, Searle, J., sustaining a demurrer to the complaint, plaintiffs appealed.
1Opinion of the CourtCollins, J.
The bond on which this action was brought was conditioned as required in the proviso found in G. S. 1894, § 193, and was executed, approved, and filed in proceedings instituted by the principal obligor, Haines, to contest the right of one Chisholm to a seat in the legislature. The statute, it will be seen, fails to provide for an obligee in the bond, and in such a case it might be held that an obligee is unnecessary, or that the state is the proper party to whom the obligation is to be made payable. In the case at bar, Chisholm was named obligee, and the only point made by respondents as to…
2Cases cited1 opinion
- Dallas v. Columbia Iron & Steel Co.Supreme Court of Pennsylvania · 1893
3Cited by2 opinions
- State v. BarkerNew Mexico Supreme Court · 1947
- Nehring v. HainesSupreme Court of Minnesota · 1897