Legal Opinion

State ex rel. Whitcomb v. Otis

Supreme Court of Minnesota

Decided July 19, 1894No. 8954PublishedCited by 6 opinions

Petition to this court July 3, 1894, by George R. Whitcomb, relator, for a writ of Mandamus to Charles E. Otis, Judge of the District Court of Ramsey County, commanding him to entertain the application of the petitioner and others for a writ of Quo Warranto and to exercise his discretion on the merits of the application.

Read the full summary

Petition to this court July 3, 1894, by George R. Whitcomb, relator, for a writ of Mandamus to Charles E. Otis, Judge of the District Court of Ramsey County, commanding him to entertain the application of the petitioner and others for a writ of Quo Warranto and to exercise his discretion on the merits of the application. On June 14, 1894, George R. Whitcomb, Carman N. Smith and eight others applied in the District Court before Charles E. Otis J., for leave to file an information in the nature of Quo Warranto against W. E. Lockerby and S. A. Locke for intruding into and usurping the offices of…

1Opinion of the CourtCanty, J.

Whitcomb and others made an application to this court for leave to file an information in the nature of a quo warranto. The application was denied. See State ex rel. v. Lockerby, 57 Minn. 411, (59 N. W. 495.) Application was then made to the District Court of Ramsey County, and denied without passing on the merits of the application, for the reason, as expressed in the order denying the application, that “the Supreme Court has held that this was not a proper case for the issuance of the writ prayed for. Such holding is conclusive on this court, and relief ought to be by this court denied on…

2Cases cited1 opinion

  1. State ex rel. Whitcomb v. LockerbySupreme Court of Minnesota · 1894

3Cited by6 opinions

  1. Matter of Ziegler v. . Cassidy's SonsNew York Court of Appeals · 1917
  2. State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
  3. State ex rel. Prall v. District CourtSupreme Court of Minnesota · 1914
  4. Rice v. ConnollySupreme Court of Minnesota · 1992
  5. Dennistoun v. DavisSupreme Court of Minnesota · 1930

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API