Legal Opinion

State v. Elliott

Supreme Court of Minnesota

Decided December 8, 1916No. Nos. 20,138—(7)PublishedCited by 9 opinions

J. K. Elliott and G. E. Sanborn were indicted by tbe grand jury of Hennepin county for the crime of making and presenting a false statement in writing to a bank for the purpose of obtaining a credit.

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J. K. Elliott and G. E. Sanborn were indicted by tbe grand jury of Hennepin county for the crime of making and presenting a false statement in writing to a bank for the purpose of obtaining a credit. Defendant Elliott demurred to the indictment and the demurrer was heard and overruled by Dickinson, J., who certified to the supreme court as doubtful the question of the constitutionality of chapter 431, Laws 1909, as being repugnant to section 33, art. 4, of the state Constitution and the Fourteenth amendment to the Federal Constitution.

1Opinion of the CourtHolt, J.

Chapter 431, p. 521, Laws of 1909 (§ 8901, G. S. 1913), entitled “An Act to punish the making or use of false statements to obtain credit,” is assailed as unconstitutional by this appeal. Upon overruling a demurrer to the indictment charging appellants with a violation of this statute, the court below certified the case to this court as one involving an im*90portant and donbtfnl question. However, the memorandum attached to the order overruling the demurrer clearly indicates that the learned trial court entertained no doubt whatever touching the validity of the act.

No authorities need be adduced…

2Cases cited23 opinions

  1. Miller v. WilsonSupreme Court of the United States · 1915
  2. Keokee Consolidated Coke Co. v. TaylorSupreme Court of the United States · 1914
  3. Petit v. MinnesotaSupreme Court of the United States · 1900
  4. Mathison v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
  5. State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882

18 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Blaisdell v. Home Building & Loan Ass'nSupreme Court of Minnesota · 1933
  2. State v. WittSupreme Court of Minnesota · 1976
  3. Hoff v. First State Bank of WatsonSupreme Court of Minnesota · 1928
  4. State v. ColcordSupreme Court of Minnesota · 1927
  5. Petters & Co. v. ViegelSupreme Court of Minnesota · 1926

4 more not listed; retrieve them via the Exa API.

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