State ex rel. Childs v. O'Leary
Supreme Court of Minnesota
Information on the relation of H. W. Childs, attorney general, .and Charles EL Vorse, praying for a writ of quo warranto directed to John C. O’Leary, and commanding him to show by what warrant he holds the office of clerk of the district court for Wright ■county, and to show cause why he should not surrender the office to said Charles H. Vorse. A writ duly issued, and respondent answered.
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Information on the relation of H. W. Childs, attorney general, .and Charles EL Vorse, praying for a writ of quo warranto directed to John C. O’Leary, and commanding him to show by what warrant he holds the office of clerk of the district court for Wright ■county, and to show cause why he should not surrender the office to said Charles H. Vorse. A writ duly issued, and respondent answered. It was alleged in the information, and admitted in the answer, that respondent at a general election in November, 1890, was elected to the office referred to, and that he duly qualified; that on the first…
1Opinion of the CourtCollins, J.
O’Leary, respondent in this proceeding, having theretofore been elected, was duly inducted into office as clerk of the district court for Wright county on the first Monday of January, 1892. The term of such officer is fixed at four years by section 13, art. 6, of the state constitution, and there is no provision for further retention of the office under any circumstances.
The terms of judges of the district court2 and of judges of probate 3 are also definitely prescribed in article 6, but no provision is made for either to hold over, while in the same article, in addition to specifying the…
2Cases cited3 opinions
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- State ex rel. Lull v. FrizzellSupreme Court of Minnesota · 1884
- O'Leary v. StewardSupreme Court of Minnesota · 1891
3Cited by15 opinions
- State Ex Rel. Eberle v. ClarkSupreme Court of Connecticut · 1913
- Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
- State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927
- State ex rel. Smallwood v. WindomSupreme Court of Minnesota · 1915
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
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