Chermack v. Bjornson

This is an appeal from an order of the District Court of Ramsey County dismissing an action “with prejudice” on the basis that the complaint failed to state a claim upon which relief could be granted.

Plaintiff-appellant seeks relief, on appeal, on the basis of errors of law and fact. We affirm.

On June 22, 1973, plaintiff presented to the state treasurer for payment his Minnesota state income tax refund warrant. He demanded that the amount of the refund, $1,035.52, be tendered in gold and silver coin, under Article I, § 10, of the United States Constitution, which provides, in part: “No state…