Hopkins v. City of Duluth
Supreme Court of Minnesota
Election contest in the district court for St. Louis county instituted by Louis J. Hopkins against the city of Duluth to test the question whether a proposed charter for said city submitted at a general election had been ratified by four-sevenths of the qualified .voters voting at such election. John Boyer on his own petition was made party to the proceeding as contestee.
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Election contest in the district court for St. Louis county instituted by Louis J. Hopkins against the city of Duluth to test the question whether a proposed charter for said city submitted at a general election had been ratified by four-sevenths of the qualified .voters voting at such election. John Boyer on his own petition was made party to the proceeding as contestee. The matter was tried before Dibell, J., who made findings of fact, and as conclusion of law found that the charter had been duly ratified. From an order denying a motion to amend the findings of fact and conclusions of law,…
1Opinion of the CourtLovely, J.
This is an election contest over the new city charter of Duluth. The contestant, Hopkins, appealed to the district court of St. Louis county from the action of the proper authorities declaring that the charter had failed of ratification. A recount of the ballots was ordered. Upon stipulations as to the character of certain ballots and a judicial recount of the others, the court below held that the charter received sufficient votes to secure its adoption. Upon motion by the contestee, Boyer, to set aside the findings, which was denied, this appeal brings up the issue whether at the election…
2Cases cited4 opinions
- Pennington v. HareSupreme Court of Minnesota · 1895
- State ex rel. Marr v. StearnsSupreme Court of Minnesota · 1898
- Dayton v. City of St. PaulSupreme Court of Minnesota · 1876
- Smith v. Board of County CommissionersSupreme Court of Minnesota · 1896
3Cited by21 opinions
- In Re PfahlerCalifornia Supreme Court · 1906
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
- McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
- City of McMinnville v. HowenstineOregon Supreme Court · 1910
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