Scribner v. Allen
Supreme Court of Minnesota
This action was brought in -the district court for Mower county. The allegations of the complaint are substantially as follows: that the plaintiff is a resident of the town of Frankford, in said county, owning real and personal property subject to taxation therein; that the defendant Allen is auditor, and the defendant, Smith, treasurer of said county; that on the 20th day of February, 1865, the quota of said town under the call of the President of the United States, of Dec.…
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This action was brought in -the district court for Mower county. The allegations of the complaint are substantially as follows: that the plaintiff is a resident of the town of Frankford, in said county, owning real and personal property subject to taxation therein; that the defendant Allen is auditor, and the defendant, Smith, treasurer of said county; that on the 20th day of February, 1865, the quota of said town under the call of the President of the United States, of Dec. 19th, 1864, was seven men; that on said 20th day of February, a special town meeting was held to consider and decide…
1Opinion of the Court
By the Gowt
Wilson, Ch. J.
The plaintiff in this action invokes the exercise of the extraordinary powers of a court of equity; it is therefore incumbent on him to show that he has not an adequate remedy at law, or that his case falls within some acknowledged head of equity jurisprudence. If, as it is admitted, the proceedings of the town supervisors of which he complains are void, he had an adequate remedy by the common law writ of certiorari, which undoubtedly lies to such subordinate tribunals. To the general doctrine that matters such as those complained of in this action are of legal, and…
2Cases cited1 opinion
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
3Cited by7 opinions
- Roman Catholic Archbishop v. ShipmanCalifornia Supreme Court · 1886
- Sinclair v. Board of County CommissionersSupreme Court of Minnesota · 1877
- Sewall v. City of St. PaulSupreme Court of Minnesota · 1874
- Conkey v. DikeSupreme Court of Minnesota · 1871
- Minnesota Linseed Oil Co. v. PalmerSupreme Court of Minnesota · 1874
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