State ex rel. Kohler Contracting Co. v. Hansen
Supreme Court of Minnesota
TJpon the relation of the Kohler Contracting Company the district court for Lincoln county granted its alternative writ of mandamus directed to Karl A. Hansen, as county auditor of that county, com* manding him to cause to be drawn a warrant for $1,539.60 on the county treasurer, according to the engineer’s certificate, the warrant to be drawn upon the general drainage fund, and to deliver the same to the Kohler Contracting Company, or show cause why he had not done so.
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TJpon the relation of the Kohler Contracting Company the district court for Lincoln county granted its alternative writ of mandamus directed to Karl A. Hansen, as county auditor of that county, com* manding him to cause to be drawn a warrant for $1,539.60 on the county treasurer, according to the engineer’s certificate, the warrant to be drawn upon the general drainage fund, and to deliver the same to the Kohler Contracting Company, or show cause why he had not done so. The county of Lincoln was granted leave to appear and defend. The defendants made separate returns to the writ. From an…
1ConcurrenceHallam, J.
I concur in the result on the following grounds:
This ditch was constructed under a contract in writing between relator as party of the first part and Lincoln county as party of the second part. No question is raised as to the validity of the contract. None could be raised. The proceedings up to that point were unquestionably regular. The contract was valid, unless the whole drainage law is void, and it is not. The statute (section 5541), which enters into the contract, provides that payments shall be made to the contractor on progress certificates of the engineer in charge. There can be no…
2Cases cited6 opinions
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
- Korf v. LullIllinois Supreme Court · 1873
- State ex rel. County of Murray v. District CourtSupreme Court of Minnesota · 1917
- James v. SchroederMichigan Supreme Court · 1886
- St. Anthony Falls Water Power Co. v. EastmanSupreme Court of Minnesota · 1874
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