Legal Opinion

State ex rel. Johnson v. Starkey

Supreme Court of Minnesota

Decided May 11, 1892PublishedCited by 4 opinions

This is an original proceeding brought January 7, 1892, in this court by the Attorney General upon the relation of Gates A. Johnson.

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This is an original proceeding brought January 7, 1892, in this court by the Attorney General upon the relation of Gates A. Johnson. The information charged that Edward C. Starkey, without right or legal warrant, intruded into and unlawfully held the office of Inspector of Buildings in the City of St. Paul; that he was ineligible, disqualified, and without experience in or knowledge of the profession of architecture or sanitary engineering; that he bad not been duly elected, and that the term of office of Johnson, the prior incumbent, had not expired. The writ issued, requiring Starkey to…

1Opinion of the CourtVanderburgh, J.

The charter of the city of St. Paul, as it stood in 1883, gave the common council the control and regulation of the construction of buildings within the city, and the authority to prohibit the erection and maintenance of insecure or unsafe buildings, and to provide for the regulation or summary abatement of any work or building which should be detrimental to the safety, health, or security of the city, and also authorized the council to provide for the *505appointment of a building inspector, with such duties as the council might prescribe. In June, 1883, the council passed an ordinance (No. 340)…

2Cases cited3 opinions

  1. Johnson v. HarrisonSupreme Court of Minnesota · 1891
  2. State v. CassidySupreme Court of Minnesota · 1875
  3. City of St. Paul v. ColterSupreme Court of Minnesota · 1866

3Cited by4 opinions

  1. Flynn v. Little Falls Electric & Water Co.Supreme Court of Minnesota · 1898
  2. Merchants National Bank v. City of East Grand ForksSupreme Court of Minnesota · 1905
  3. Culhane Adjustment Co. v. FarrandSouth Dakota Supreme Court · 1914
  4. State Ex Rel. Associated Master Barbers & Beauticians v. EischenSupreme Court of Minnesota · 1957

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