State Ex Rel. Peterson v. Holmes

Devaney, Chief Justice.

Proceedings in quo loarrcwvto instituted in this court by the state of Minnesota, relator, to test the Validity of the appointment of Harry C. Holmes, respondent, to fill a vacancy created in the Itasca Board of County Commissioners by the death of one Neil R. Blun-tach, acting commissioner from the third commissioner’s district.

Relator assails the validity of the appointment of respondent on the ground that all members of the board of appointment had not been duly notified of the special meeting called by the county auditor to fill the vacancy as required by 1 Mason…