State ex rel. Davidson v. Gorman
Supreme Court of Minnesota
Mandamus. Appeal by defendant from an order of the district court for Ramsey county, Simons and Kelly, JJ., presiding, directing the issuance of the peremptory writ.
1Opinion of the CourtDickinson, J.
The proceeding in which this appeal is taken was mandamus, requiring the probate court to proceed to the settlement of the estate of William E. Davidson, deceased, that court having refused so to do until payment should be made to the county treasurer, as prescribed by statute, of the sum of $5,000, the estate having been inventoried at more than $500,000. The district court held this requirement of the statute to be unconstitutional. The statute (Gen. St. 1878, c. 7, §§ 5, 7-9, as amended by Laws 1885, c. 103,) prescribes annual salaries as compensation for the services of judges of probate,…
2Cases cited5 opinions
- State Ex Rel. Hewlett v. NuttSupreme Court of North Carolina · 1878
- Lowry v. HurdSupreme Court of Minnesota · 1862
- Harrison v. WillisTennessee Supreme Court · 1871
- Le Duc v. City of HastingsSupreme Court of Minnesota · 1888
- Willard v. Board of County CommissionersSupreme Court of Minnesota · 1875
3Cited by36 opinions
- Knowlton v. MooreSupreme Court of the United States · 1900
- LeCroy v. HanlonTexas Supreme Court · 1986
- Contos v. HerbstSupreme Court of Minnesota · 1979
- State v. AlstonTennessee Supreme Court · 1895
- Malin v. County of LamoureNorth Dakota Supreme Court · 1914
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