State ex rel. Oblinger v. Spaude
Supreme Court of Minnesota
Quo warranto, to ascertain by what authority the respondent assumes to perform the duties of assessor in the village of Gaylord, in the town of Dryden, in Sibley county, the relator claiming to be the duly-elected and qualified assessor of such village.
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Quo warranto, to ascertain by what authority the respondent assumes to perform the duties of assessor in the village of Gaylord, in the town of Dryden, in Sibley county, the relator claiming to be the duly-elected and qualified assessor of such village. The answer of the respondent alleges that he is the assessor of the town of Dryden, and that the village of Gaylord was attempted to be created under Laws 1883, c. 73, has never been incorporated under Laws 1885, e. 145, and is possessed of no corporate powers or privileges.
1Opinion of the Court
Gilfillan, G. J.1
The relator claims to be village assessor of the village of Gaylord, in the town of Dryden, county of Sibley. The respondent is assessor of the town of Dryden. The questions in the case are: First, has the village of Gaylord a legal organization as a village ? and, second, if it has, is it entitled to have a village assessor ?
To incorporate the village, proceedings were had under Laws 1883, c. 73. That act was declared void in State v. Simons, 32 Minn. 540, *323(21 N. W. Rep. 750,) for the reason that it attempted to delegate to the district courts powers essentially legislative.…
2Cases cited1 opinion
- State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884
3Cited by20 opinions
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
- Hutcheson v. AthertonNew Mexico Supreme Court · 1940
- Flynn v. Little Falls Electric & Water Co.Supreme Court of Minnesota · 1898
- State ex rel. McCue v. Sheriff of Ramsey CountySupreme Court of Minnesota · 1892
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