Legal Opinion

State ex rel. Johnson v. Brown

Supreme Court of Minnesota

Decided May 13, 1910No. Nos. 16,692—(33)PublishedCited by 4 opinions

Hpon the relation of Charles B. Johnson and Carl Johnson an alternative writ of mandamus issued from the district court for Hennepin county requiring respondent Brown, as city comptroller of the city of Minneapolis, to countersign a contract between the city of Minneapolis and relators for the erection of a dwelling house to be used by the superintendent of parks of that city, or show cause why he had not done so.

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Hpon the relation of Charles B. Johnson and Carl Johnson an alternative writ of mandamus issued from the district court for Hennepin county requiring respondent Brown, as city comptroller of the city of Minneapolis, to countersign a contract between the city of Minneapolis and relators for the erection of a dwelling house to be used by the superintendent of parks of that city, or show cause why he had not done so. Respondent’s answer was that he was advised by counsel that the contract in question was illegal, in that the park board had not authority to contract for the erection of a…

1Opinion of the CourtJaggard, J.

The only question in the case is whether or not the board of park commissioners of the city of Minneapolis has the power to erect upon park property a dwelling house, which is to be used by the park superintendent and his family as a residence, and as an office by the park superintendent and his associates. The relevant provision of the city charter is section 2 of the park board act approved March 11, 1909. It is as follows:

“The board of park commissioners of the city of Minneapolis and its successors shall have the power, and it shall be its duty, to devise, adopt and maintain parks and…

2Cases cited9 opinions

  1. State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
  2. Diamond v. City of MankatoSupreme Court of Minnesota · 1903
  3. Bates v. BassettSupreme Court of Vermont · 1888
  4. Borough of Henderson v. County of SibleySupreme Court of Minnesota · 1881
  5. Le Feber v. Village of West AllisWisconsin Supreme Court · 1903

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

3Cited by4 opinions

  1. Nelson v. DelongSupreme Court of Minnesota · 1942
  2. Juntila v. Everett School District No. 24Washington Supreme Court · 1934
  3. First National Bank of St. Paul v. County of CookSupreme Court of Minnesota · 1920
  4. Wessinger v. MischeOregon Supreme Court · 1914

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