Whallon v. Bancroft
Supreme Court of Minnesota
WRIT OR ERROR TO THE DISTRICT COURT OR DODGE COUNTY. Points and authorities of Plaintiff in Error. First. — The Court below erred in entertaining jurisdiction of the proceeding under objection as interposed by counsel of tbe Plaintiff in Error. Vide Chap. 6 Rev. Stat.; found in Comp.
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WRIT OR ERROR TO THE DISTRICT COURT OR DODGE COUNTY. Points and authorities of Plaintiff in Error. First. — The Court below erred in entertaining jurisdiction of the proceeding under objection as interposed by counsel of tbe Plaintiff in Error. Vide Chap. 6 Rev. Stat.; found in Comp. Stat. 150 and 151; also Compiled Stat. pp. 479, 480, Sec. 19. Second. — The Court had no power to appoint a special term for the trial of a controversy of this nature, unless it is a “ civil or criminal” action, or was an “ issue of law,” and if it he a “ civil action” and not authorized and controlled by the…
1Opinion of the CourtElandbau, J.
By the Court This was a proceeding in the Court below to contest the election of a county officer under Chapter 6 of the Old Revised Stat. found on pages 150-1, of the Compiled Statutes. This proceeding is instituted by the service of a notice by the party desiring to contest, upon the party in possession, within thirty days after the election. The notice announces the intention of the party to contest, and the cause of such contest; also the time and place of hearing ; it should be served ten days at least before the hearing, and be returned to the Clerk of the District Court of the county…
2Cases cited2 opinions
- Lee v. TillotsonNew York Supreme Court · 1840
- Gaston v. BabcockWisconsin Supreme Court · 1858
3Cited by25 opinions
- State v. StrasburgWashington Supreme Court · 1910
- State ex rel. Mullen v. DohertyWashington Supreme Court · 1897
- Abraham v. County of HennepinSupreme Court of Minnesota · 2002
- State v. Williams-WalkerWashington Supreme Court · 2010
- State v. HammSupreme Court of Minnesota · 1988
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