O'Ferrall v. Colby
Supreme Court of Minnesota
MOTIONS FOR PEREMPTORY WRITS OF MANDAMUS, &C. All the facts in these cases appear in the Opinion of the Court. The following are the points and authorities presented by Counsel for the Petitioner: First. The Supreme Court has original jurisdiction to issue the writ. Constitution, Art. VI. Sec. 2; R. S., Sec. 5, p. 286. Second. The writ of Mandamus is the proper remedy. 3 Black. Com., 110; Jacob's Law Dic. vol. 4, p. 223; People vs. Steele, 2 Barb, 418. Third.
Read the full summary
MOTIONS FOR PEREMPTORY WRITS OF MANDAMUS, &C. All the facts in these cases appear in the Opinion of the Court. The following are the points and authorities presented by Counsel for the Petitioner: First. The Supreme Court has original jurisdiction to issue the writ. Constitution, Art. VI. Sec. 2; R. S., Sec. 5, p. 286. Second. The writ of Mandamus is the proper remedy. 3 Black. Com., 110; Jacob's Law Dic. vol. 4, p. 223; People vs. Steele, 2 Barb, 418. Third. The Clerk of the Board of County Supervisors is the mere minister of the law. It is made his duty to issue a certificate to the person…
1Opinion of the Court
*182 By the Court
L. Emmett, J.
These were separate motions for peremptory writs of Mandamus, to compel the Defendant as the Clerk of the Board of Supervisors of Eillmore county to give to the Plaintiffs certificates of their election to the State Senate from said county. The applications were made in the first instance to Justice Elandrau, who directed the motions to be made at the present Term upon notice to the Defendant. They both depend upon the same facts, and were argued and submitted together. The moving papers show that at the General election held on the 12th day of October, A. D. 1858,…
2Cases cited1 opinion
- Arberry v. BeaversTexas Supreme Court · 1851
3Cited by32 opinions
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Auditor General v. Board of SupervisorsMichigan Supreme Court · 1891
- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
- McGann v. Board of ElectionsSupreme Court of Rhode Island · 1957
- Harris v. CooperHawaii Supreme Court · 1902
27 more not listed; retrieve them via the Exa API.