Legal Opinion

State ex rel. Burrows v. Truax

Supreme Court of Minnesota

Decided February 8, 1918No. Nos. 20,693, 20,722PublishedCited by 5 opinions

Upon the relation of George W. Burrows, the_ district court for Wilkin county granted its alternative writ of mandamus commanding P. E. Truax, as county auditor, and the county commissioners of that county to make and cause- to be made in the minute book of the commissioners a true record that at a meeting held on June 20 and 21, 1917, relator and others requested the board that witnesses be sworn and that the request was refused.

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Upon the relation of George W. Burrows, the_ district court for Wilkin county granted its alternative writ of mandamus commanding P. E. Truax, as county auditor, and the county commissioners of that county to make and cause- to be made in the minute book of the commissioners a true record that at a meeting held on June 20 and 21, 1917, relator and others requested the board that witnesses be sworn and that the request was refused. The separate demurrers of the county auditor and county commissioners were overruled, Flaherty, J., and respondents answered. 'Belator demurred to the answers, his…

1Opinion of the CourtHallam, J.

These proceedings, one in mandamus and one in certiorari, by same relator, arise out of a county drainage ditch case. The relator, appellant in the certiorari case and respondent in the mandamus case, was an objector. At the meeting of the board of county commissioners to consider the matter of the establishment of the ditch, relator and others appeartd by attorney and asked that all witnesses be sworn. The board declined and the witnesses were not sworn. After the conclusion of the hearing, the board made an order establishing the ditch. Relator then discovered that the county auditor had…

2Cases cited6 opinions

  1. Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  2. Erickson v. Minnesota & Ontario Power Co.Supreme Court of Minnesota · 1916
  3. City of O'Neill v. ClarkNebraska Supreme Court · 1899
  4. Hackney v. AdamNorth Dakota Supreme Court · 1910
  5. Rounds & Hagler v. Aiken Mfg. Co.Supreme Court of South Carolina · 1900

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

3Cited by5 opinions

  1. State ex rel. Hunt v. City of MontevideoSupreme Court of Minnesota · 1919
  2. Moose v. VeseySupreme Court of Minnesota · 1947
  3. State Ex Rel. Hardstone Brick Co. of Appleton, Inc. v. Department of CommerceSupreme Court of Minnesota · 1928
  4. State ex rel. Grubbs v. SchulzSupreme Court of Minnesota · 1919
  5. Coates v. Board of County CommissionersSupreme Court of Colorado · 1923

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