Legal Opinion

State ex rel. Chesley v. Wilcox

Supreme Court of Minnesota

Decided September 22, 1877PublishedCited by 17 opinions

This was a writ of prohibition, commanding the respondent, judge of probate for Pine connty, to show cause, upon a day named, why he should not be absolutely restrained from enforcing the payment of a certain order upon the relator, treasurer of Kanabec county, by certain proceedings for contempt. The respondent, in his return thereto, prayed that the said writ might be dismissed, and that a writ of consultation might issue.

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This was a writ of prohibition, commanding the respondent, judge of probate for Pine connty, to show cause, upon a day named, why he should not be absolutely restrained from enforcing the payment of a certain order upon the relator, treasurer of Kanabec county, by certain proceedings for contempt. The respondent, in his return thereto, prayed that the said writ might be dismissed, and that a writ of consultation might issue. This is a common law writ, governed by common law principles, and is neither, changed, limited or extended by the statute confirming its use in this state. Home Ins. Go.…

1Opinion of the CourtGilpillan, C. J.

Kanabec county is, and has been since 1858, an “established” county, and since 1871 has been attached for judicial purposes to Pine county, which is an “organized county. ” One Anderson, a single man and unnat*146uralized Swede, who had been in this state but three months, ten weeks of which he lived with an uncle in Kanabec county, and afterwards worked as a common laborer ten days in Pine county, became insane, and proceedings under the statute were instituted before the respondent, judge of probate of Pine county, which resulted in Anderson’s commitment to the hospital for insane. The judge of…

2Cases cited2 opinions

  1. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  2. Jacobs v. FouseSupreme Court of Minnesota · 1876

3Cited by17 opinions

  1. State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
  2. In re DoleHawaii Supreme Court · 1903
  3. State ex rel. Reynolds v. WhiteSupreme Court of Florida · 1898
  4. Jasperson Ex Rel. Drew v. JacobsonSupreme Court of Minnesota · 1947
  5. Sherman v. Bureau of Catholic CharitiesSupreme Court of Minnesota · 1954

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