State ex rel. Oliver Iron Mining Co. v. City of Ely
Supreme Court of Minnesota
Upon tbe relation of tbe Oliver Iron Mining Co. tbe district court ■for St. Louis county granted an alternative writ of mandamus, directing tbe city of Ely, its mayor, clerk and aldermen to levy against and collect from property abutting upon tbe local improvements described tbe amounts required by tbe charter of tbat city to be levied tbereon; to refrain from paying out of tbe city treasury any further sums on account of such improvements, and in no event to pay out more…
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Upon tbe relation of tbe Oliver Iron Mining Co. tbe district court ■for St. Louis county granted an alternative writ of mandamus, directing tbe city of Ely, its mayor, clerk and aldermen to levy against and collect from property abutting upon tbe local improvements described tbe amounts required by tbe charter of tbat city to be levied tbereon; to refrain from paying out of tbe city treasury any further sums on account of such improvements, and in no event to pay out more than one-tbird of tbe contract price therefor, or show cause why they bad not done so. Plaintiff demurred to tbe answer.…
1Opinion of the Court
Taylor, C.
The city of Ely is a city of the fourth class governed by a so-called home-rule charter adopted in 1903. On March 20, 1913, the city duly contracted with D. H. Clough & Co. for the construction of cement sidewalks, curbs and gutters upon certain streets of the city at an estimated expense of $24,465.10. On the same date, the city also contracted with K. S. Johnson for the construction of a sewer at an estimated expense of $6,730.68. Both-contractors entered upon ■the performance of their respective contracts and received payments thereon as the work progressed.
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2Cases cited31 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Walston v. NevinSupreme Court of the United States · 1888
- City of Seattle v. KelleherSupreme Court of the United States · 1904
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3Cited by33 opinions
- State ex rel. City of Fargo v. WetzNorth Dakota Supreme Court · 1918
- Village of Edina v. JosephSupreme Court of Minnesota · 1962
- Park v. City of DuluthSupreme Court of Minnesota · 1916
- Carlson-Lang Realty Co. v. City of WindomSupreme Court of Minnesota · 1976
- St. Louis, B. & M. Ry. Co. v. PriceTexas Commission of Appeals · 1925
28 more not listed; retrieve them via the Exa API.