Legal Opinion

State ex rel. Loring v. Benedict

Supreme Court of Minnesota

Decided January 15, 1870PublishedCited by 14 opinions

Upon tbe relation of David Loring, an order to show-cause was made by the Hon. John M. Berry, associate justice of this court, requiring Fred. B. Benedict, county auditor for Winona county, and Samuel S. Beman, to appear in this court, at the January term, 1870, and show cause why a writ of mandamus should not issue, commanding the said Fred. B. Benedict to issue and deliver to the relator, a certificate showing his election to the office of register of deeds of said county.

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Upon tbe relation of David Loring, an order to show-cause was made by the Hon. John M. Berry, associate justice of this court, requiring Fred. B. Benedict, county auditor for Winona county, and Samuel S. Beman, to appear in this court, at the January term, 1870, and show cause why a writ of mandamus should not issue, commanding the said Fred. B. Benedict to issue and deliver to the relator, a certificate showing his election to the office of register of deeds of said county. The respondents appeared pursuant to the order, and filed an answer, and a hearing was had. There was no dispute as to…

1Opinion of the CourtBerry, J.

By the Court At the annual election in November, 1866, George Ellsbury was elected to the office of register of deeds for Winona county, for the regular term of two years, commencing January 1st, 186T.

At the annual election in November, 1868, Charles Goddard was elected to said office, for the regular term of two years, commencing January 1st, 1869.

In December, 1868, Goddard died, not having entered upon the duties of said office, or qualified for the same as provided by law. Ellsbury held possession of, and continued to discharge the duties of the office, until the 11th day of March, 1869,…

2Cases cited2 opinions

  1. Tappan v. GrayNew York Court of Chancery · 1842
  2. People ex relatione Smith v. FisherNew York Supreme Court · 1840

3Cited by14 opinions

  1. City of Faribault v. MisenerSupreme Court of Minnesota · 1874
  2. Ballantyne v. BowerWyoming Supreme Court · 1909
  3. Wilson v. ClarkSupreme Court of Kansas · 1901
  4. Baker City v. MurphyOregon Supreme Court · 1895
  5. County of Scott v. RingSupreme Court of Minnesota · 1882

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