Legal Opinion

Steiner v. Sullivan

Supreme Court of Minnesota

Decided December 8, 1898No. Nos. 11,492—(267)PublishedCited by 10 opinions

Action in the district court for Ramsey county to restrain defendants, the auditor and treasurer, respectively, of that county from paying out of the county funds the additional compensation of $1,500 per annum allowed by Sp. Laws 1887, c. 376, as amended by Sp. Laws 1889, c. 129, to each of the judges of said county.

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Action in the district court for Ramsey county to restrain defendants, the auditor and treasurer, respectively, of that county from paying out of the county funds the additional compensation of $1,500 per annum allowed by Sp. Laws 1887, c. 376, as amended by Sp. Laws 1889, c. 129, to each of the judges of said county. From an order sustaining defendants’ demurrer to the complaint, Searle, J. (designated by the governor to try the questions involved in this case), plaintiff appealed. There cannot be two rules of apportionment, for the same tax, in the same district. Cooley, Taxn. 180; Exchange…

1Opinion of the CourtStart, C. J.

Is Sp. Laws 1887, c. 376, entitled “An act to increase the compensation of the judges of the district court of Ransey county,” which provides that the county shall pay to each of the judges of such court annually the sum of $1,500, constitutional? This is the only question presented by the record for our decision.

1. The appellant’s first contention is that the act imposes a special tax on the county of Ramsey, to pay extra compensation to the judges of the second judicial district, which is identical in territorial area with the county of Ramsey, and is therefore in conflict with article 9, §…

2Cases cited2 opinions

  1. Maltby v. TautgesSupreme Court of Minnesota · 1892
  2. Hodgman v. Chicago & St. Paul Railway Co.Supreme Court of Minnesota · 1873

3Cited by10 opinions

  1. Sylvestre v. StateSupreme Court of Minnesota · 1973
  2. Herndon v. AndersonSupreme Court of Oklahoma · 1933
  3. Lifteau v. Metropolitan Sports Facilities CommissionSupreme Court of Minnesota · 1978
  4. Bell v. CrumSupreme Court of Oklahoma · 1940
  5. Johnston v. ConnerSupreme Court of Oklahoma · 1951

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