Windom v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,108.33 for salary as judge of the municipal court of Duluth.
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Action in the district court for St. Louis county to recover $1,108.33 for salary as judge of the municipal court of Duluth. The answer set out the facts concerning the litigation mentioned in the opinion, alleged that the salary of the office for the time from April 13 to June 30, 1915, had been paid to Judge Smallwood, and prayed that defendant might bring into court the amount due for salary for July, August and the first 13 days of September, 1915, and that Smallwood be brought in as a party to the action in place of defendant. The case was tried before Dancer, J., who made findings and…
1Opinion of the CourtHallam, J.
1. This case is a sequel to Brown v. Smallwood, 130 Minn. 492, 153 N. W. 953, L.R.A. 1916B, 931, and State v. Windom, 131 Minn. 401, 155 N. W. 629. In 1912 plaintiff was elected to the office of judge of the municipal court of Duluth. His term expired at the election April 6, 1915. Laws 1913, p. 107, c. 102. By the terms of the statute, he was to hold over until his successor should be elected and qualified, but this holdover provision was held void in State v. Windom, supra. At the election April 6, 1915, an attempt was made to elect a successor. W. H. Smallwood was declared elected and a…
2Cases cited9 opinions
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- Robb v. CarterCourt of Appeals of Maryland · 1886
- State ex rel. Smallwood v. WindomSupreme Court of Minnesota · 1915
- Brown v. SmallwoodSupreme Court of Minnesota · 1915
- State ex rel. Hawkins v. CookSupreme Court of New Jersey · 1898
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3Cited by3 opinions
- In Re WinglerSupreme Court of North Carolina · 1950
- State v. IrbyCourt of Appeals of Minnesota · 2012
- Markus v. City of DuluthSupreme Court of Minnesota · 1917