Legal Opinion

State ex rel. Minnesota Railway Construction Co. v. City of Lake City

Supreme Court of Minnesota

Decided January 13, 1879PublishedCited by 2 opinions

Alternative writ of mandamus to compel the issuance of bonds voted in aid of the St. Paul & Chicago railway. The-case made by- the relator in the information and the alternative writ, is in substance as follows:. Long before March, 1868, the St. Paul & Chicago Railway Co. was and still is a corporation authorized to construct and operate a railway from St. Paul, by way of Hastings, Red Wing, Lake City, etc., to Winona, in this state, and the relator was and is a corporation…

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Alternative writ of mandamus to compel the issuance of bonds voted in aid of the St. Paul & Chicago railway. The-case made by- the relator in the information and the alternative writ, is in substance as follows:. Long before March, 1868, the St. Paul & Chicago Railway Co. was and still is a corporation authorized to construct and operate a railway from St. Paul, by way of Hastings, Red Wing, Lake City, etc., to Winona, in this state, and the relator was and is a corporation authorized to construct, equip, own and operate railways in any part of the state, and to enter into all contracts…

1Opinion of the Court

Cornell, J.*

On the return-day of the alternative writ at the October term, 1877, both respondents made a motion to quash the writ as improvidently granted, on the grounds: (1) That the provisions of the act of March 6, 1868, entitled “An act to authorize the village of Lake City to aid in the construction of the St. Paul & Chicago railway,” (Sp. Laws 1868, c. 15,) were, as respects the town of Lake, then known by the corporate name of the town of Lake City, wholly nugatory, because the subject of that act, as indicated in its title, related to the “village,” instead of the “town,” of Lake…

2Cases cited7 opinions

  1. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  2. State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
  3. Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
  4. Wade v. City of RichmondSupreme Court of Virginia · 1868
  5. State ex rel. Slipp v. McFaddenSupreme Court of Minnesota · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Oscar P. Gustafson Co. v. City of MinneapolisSupreme Court of Minnesota · 1950
  2. Rumsey v. Sauk Centre TownSupreme Court of Minnesota · 1894

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