Crowell v. Lambert
Supreme Court of Minnesota
APPLICATION POR A PEREMPTORY MANDAMUS. The petitioner, R. F. Crowell, claimed to have been duly elected to the office of Judge of Probate for Ramsey County, at the general election of 1864, by a majority over his competitor, E. C. Lambert, then the incumbent of said office, and whose term of office expired on the first day of January, 1865. A certificate of election in due form was issued to R. F. Crowell, signed by the deputy of the County Auditor, and Crowell in due season…
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APPLICATION POR A PEREMPTORY MANDAMUS. The petitioner, R. F. Crowell, claimed to have been duly elected to the office of Judge of Probate for Ramsey County, at the general election of 1864, by a majority over his competitor, E. C. Lambert, then the incumbent of said office, and whose term of office expired on the first day of January, 1865. A certificate of election in due form was issued to R. F. Crowell, signed by the deputy of the County Auditor, and Crowell in due season filed his oath of office, and executed a proper bond with surety as required by the statute. After the expiration of…
1Opinion of the Court
By the Court —
Berry, J.
— This was an application for a peremptory mandamus. |A motion was made on behalf of the defendant; Lambert, to dismiss the proceedings on the ground that this Court had no jurisdiction to issue the writ of mandamus save to a District Court or District Judge. Section 2, Art. 6, of the Constitution declares that the Supreme Court “ shall have original jurisdiction in such remedial cases as may be prescribed by law, * * * * but there shall be no trial by jury in said Courts.” Section 5 of the same article provides that “ the District Courts shal have original jurisdiction…
2Cases cited3 opinions
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- Crowell v. LambertSupreme Court of Minnesota · 1864
- Harkins v. Board of SupervisorsSupreme Court of Minnesota · 1858
3Cited by25 opinions
- Chumasero v. PottsMontana Supreme Court · 1875
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Morton v. BroderickCalifornia Supreme Court · 1897
- Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
- Swinburn v. SmithWest Virginia Supreme Court · 1879
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