Legal Opinion

State ex rel. Derusha v. McMartin

Supreme Court of Minnesota

Decided November 12, 1889PublishedCited by 11 opinions

Writ of prohibition from this court to restrain proceedings in justice's court. On the return of the writ, the respondents, having answered, moved that it be quashed.

1Opinion of the CourtMitchell, J.

By Sp. Laws 1889, c. 403, the legislature established a justice’s court in the sixth Ward of the city of St. Paul, and provided for the election of such justice at the next general city election, and every two years thereafter. By the fourth section of the act the mayor of the city was authorized to appoint the first justice, who should hold the office until the next city election, and until his successor should be elected and qualified. The respondent McMartin is occupying the office and performing its duties, under appointment by the mayor, pursuant to the provisions of this act. A civil…

2Cases cited1 opinion

  1. State ex rel. Hahn v. YoungSupreme Court of Minnesota · 1881

3Cited by11 opinions

  1. Walcott v. WellsNevada Supreme Court · 1890
  2. Harry Calcutt III v. FDICCourt of Appeals for the Sixth Circuit · 2022
  3. State ex rel. Smallwood v. WindomSupreme Court of Minnesota · 1915
  4. State Ex Rel. Peterson v. City of FraserSupreme Court of Minnesota · 1934
  5. In re RadlWisconsin Supreme Court · 1894

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API