State ex rel. McKusick v. Peers
Supreme Court of Minnesota
A temporary writ of prohibition and order to show cause was issued out of this court upon an affidavit by the relator alleging that upon November 4, 1884, he was elected a member of the house of representatives of this state from the 38th district, composed of Chi-sago, Pine and Kanabec counties; that since the election one W. H. Wynkoop, who was a candidate against the relator, has served the notice of contest required by statute, and in his notice designated the…
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A temporary writ of prohibition and order to show cause was issued out of this court upon an affidavit by the relator alleging that upon November 4, 1884, he was elected a member of the house of representatives of this state from the 38th district, composed of Chi-sago, Pine and Kanabec counties; that since the election one W. H. Wynkoop, who was a candidate against the relator, has served the notice of contest required by statute, and in his notice designated the respondents, who are justices of the peace for Chisago county, as the justices before whom he would take the necessary depositions…
1Opinion of the CourtGilfillan, C. J.
The constitution (section 3, article 4) makes each house judge “of the election, returns and eligibility of its own members.” Under this, not only must each house determine, in ease of a contest, who is elected to be a member, but must determine upon what evidence it will decide the question, and how it will procure such evidence. Over the proceedings the judiciary has no control, and could not have without trenching on the independence of the house. When testimony in case of a contest is taken, as provided by Gen. St. 1878, c. 1, §§ 49, 50, 51, it is for the house to which it is sent, and…
2Cited by6 opinions
- State Ex Rel. 25 Voters v. SelvigSupreme Court of Minnesota · 1927
- Phillips v. EricsonSupreme Court of Minnesota · 1957
- State Ex Rel. Schmeding v. District Court of the Sixth Judicial DistrictNorth Dakota Supreme Court · 1937
- State ex rel. Haines v. SearleSupreme Court of Minnesota · 1894
- State ex rel. Norwood v. NelsonSupreme Court of Minnesota · 1919
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