State ex rel. Parker v. Smith
Supreme Court of Minnesota
Action in tbe nature of quo warranto, the relator being also joined as plaintiff, to try the title to the office of assessor of the city of Duluth. The relator was elected April 15, 1873, the defendant April 29, 1874; but, on behalf of' the relator, it was claimed that the latter election was invalid, and that the relator was entitled to continue in office until a valid election of a successor to him.
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Action in tbe nature of quo warranto, the relator being also joined as plaintiff, to try the title to the office of assessor of the city of Duluth. The relator was elected April 15, 1873, the defendant April 29, 1874; but, on behalf of' the relator, it was claimed that the latter election was invalid, and that the relator was entitled to continue in office until a valid election of a successor to him. Trial was had in the district court for St. Louis county, beforeMcKelvey, J., upon whose findings judgment was entered for the defendant, from which the plaintiffs appeal.
1Opinion of the CourtCornell, J.
By the charter of the city of Duluth (Sp. Laws 1870, p. 1,) the common council of said city is composed of the aldermen elected from the several wards of said city, one-half of whom are elected annually, with a term of office of two years and until their successors are elected and qualified. Ch. 2, § 2; ch. 4, § 1.- The annual election for elective officers is fixed by the charter for the first Tuesday of April in each and every year. Ch. 2, § 1. In case any officer neglects or refuses, for ten days after notice of his election or appointment, to enter upon the discharge of the duties of his…
2Cases cited1 opinion
- People ex rel. Young v. Trustees of FairburyIllinois Supreme Court · 1869
3Cited by31 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Fiedler v. EckfeldtIllinois Supreme Court · 1929
- Wampler v. State ex rel. AlexanderIndiana Supreme Court · 1897
- Rutherford v. HamiltonSupreme Court of Missouri · 1888
- State ex rel. Heironimus v. Town of DavisWest Virginia Supreme Court · 1915
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