State ex rel. Johnson v. Smith
Supreme Court of Minnesota
Alternative mandamus issued out of the district court for Ramsey county upon relation of Gates A. Johnson, Jr., directing respondent, Robert A. Smith, as mayor of St. Paul and chairman of the Board of County Commissioners of said county, to sign and issue certain county orders, drawn in favor of relator, in payment for the use of horses necessarily employed by relator in the performance of his duties as county surveyor.
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Alternative mandamus issued out of the district court for Ramsey county upon relation of Gates A. Johnson, Jr., directing respondent, Robert A. Smith, as mayor of St. Paul and chairman of the Board of County Commissioners of said county, to sign and issue certain county orders, drawn in favor of relator, in payment for the use of horses necessarily employed by relator in the performance of his duties as county surveyor. From an order, O. B. Lewis, J., denying a peremptory writ and discharging the alternative writ, relator appealed.
1Opinion of the CourtCollins, J.
This case involves the right of the county surveyor of Ramsey county to collect therefrom for the use of his horses while, according to a stipulation, “used by him in his business as county surveyor.” The court below held that he could not recover, and we fully concur in such conclusion. The statutory provision which fixes the compensation of the county surveyor of Ramsey county is found in G. S. 1894, § 830, which provides
“That the county surveyors of the several counties in this state shall be entitled to receive four dollars per day, as compensation for their services, for each day…
2Cases cited13 opinions
- County of Modoc v. SpencerCalifornia Supreme Court · 1894
- Grannis v. Board of County CommissionersSupreme Court of Minnesota · 1900
- Crocker v. Supervisors of Brown CountyWisconsin Supreme Court · 1874
- People ex rel. Hadley v. Supervisors of Albany CountyNew York Supreme Court · 1864
- Sears v. Gallatin CountyMontana Supreme Court · 1898
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3Cited by10 opinions
- Board of County Commissioners v. DickeySupreme Court of Minnesota · 1902
- State ex rel. Board of County Commissioners v. McKellarSupreme Court of Minnesota · 1904
- Cleveland v. County of RiceSupreme Court of Minnesota · 1952
- First National Bank of St. Paul v. County of CookSupreme Court of Minnesota · 1920
- State v. DanculovicSupreme Court of Minnesota · 1926
5 more not listed; retrieve them via the Exa API.