Legal Opinion

State ex rel. Minnesota Railway Construction Co. v. City of Hastings

Supreme Court of Minnesota

Decided August 11, 1877PublishedCited by 24 opinions

Mandamus to compel the city of Hastings to issue certain bonds, and deliver them to the Minnesota Railway Construction Company. The issue of the bonds had been authorized by the legislature (Sp.

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Mandamus to compel the city of Hastings to issue certain bonds, and deliver them to the Minnesota Railway Construction Company. The issue of the bonds had been authorized by the legislature (Sp. Laws 1869, c. 34) to aid in the construction of the St. Paul & Chicago Railway Company,- but it had been subsequently provided, by an ordinance of the city council of Hastings, that the bonds should not be issued and delivered until the railroad should, be. constructed and fully completed from St. Paul, by way of Hastings, Bed Wing and Lake City, and from thence to some point of connection with a…

1Opinion of the CourtBerry, J.

1. In Supervisors of Ramsey County v. Heenan, 2 Minn. 281, (330,) it was held that, upon an inquiry whether an alleged statute has been passed in accordance with the requirements of the constitution, “the court may inspect the original bills on file with the secretary of state, and have recourse to the journals of the houses of the legislature, to ascertain whether or not the law has received all the constitutional sanctions to its validity.”

The respondent’s claim in the case at bar is, that in passing Sp. Laws 1869, c. 34, the senate did not comply with § 20, art. 4, of our state…

2Cases cited4 opinions

  1. Board of Supervisors of Schuyler County v. People ex rel. Rock Island & Alton RailroadIllinois Supreme Court · 1860
  2. Van Hostrup v. Madison CitySupreme Court of the United States · 1864
  3. Warsop v. City of HastingsSupreme Court of Minnesota · 1876
  4. State ex rel. Central Railroad v. Supervisors of Town of LimeSupreme Court of Minnesota · 1877

3Cited by24 opinions

  1. State ex rel. Turner v. HockerSupreme Court of Florida · 1895
  2. Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884
  3. Ex parte WrenMississippi Supreme Court · 1886
  4. Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
  5. State v. PetersonSupreme Court of Minnesota · 1888

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