Legal Opinion

State ex rel. Simpson v. City of Mankato

Supreme Court of Minnesota

Decided May 17, 1912No. Nos. 17,489—(13)PublishedCited by 33 opinions

As. attorney general of the state, George T. Simpson petitioned this court for a writ of quo warranto, directed to the city of Mankato, Charles T. Taylor, Ben Bangerter, Jr., Lawrence Henline, J. D. Hunniston and Kobert Lamm. The respondents made return that they were duly elected and qualified officers of respondent city,duly acting as such officers, and discharging the duties of their respective offices.

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As. attorney general of the state, George T. Simpson petitioned this court for a writ of quo warranto, directed to the city of Mankato, Charles T. Taylor, Ben Bangerter, Jr., Lawrence Henline, J. D. Hunniston and Kobert Lamm. The respondents made return that they were duly elected and qualified officers of respondent city,duly acting as such officers, and discharging the duties of their respective offices. The reply admitted that respondents performed the duties required of them by the charter described in the petition, but denied they were performed by the sanction, acquiescence or approval…

1Opinion of the CourtPhilip E. Brown, J.

This is a proceeding in the nature of quo warranto, on the relation of the attorney general, for the. purpose of determining the constitutionality of the charter of the city of Mankato and the right of the other respondents to hold office thereunder. The admitted facts are as follows:

The city of Mankato has, for many years, been a municipal corpo*460ration of this state. In January, 1909, the district court of Blue Earth county duly appointed freeholders to frame a charter for the said city, pursuant to section 36 of article 4 of the Constitution, and under sections 748-758, B. L. 1905, and…

2Cases cited12 opinions

  1. Santo v. StateSupreme Court of Iowa · 1855
  2. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  3. People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
  4. State ex rel. Baughn v. UreNebraska Supreme Court · 1912
  5. Cole v. DorrSupreme Court of Kansas · 1909

7 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
  2. Williams v. EvansSupreme Court of Minnesota · 1917
  3. State ex rel. Wagner v. SummersSouth Dakota Supreme Court · 1913
  4. Matter of Laguardia v. SmithNew York Court of Appeals · 1942
  5. Smith ex rel. Smith v. City of St. PaulSupreme Court of Minnesota · 1914

28 more not listed; retrieve them via the Exa API.

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