Legal Opinion

O'Leary v. Steward

Supreme Court of Minnesota

Decided April 27, 1891PublishedCited by 3 opinions

Petition for writ of quo warranto against the holder of the office of clerk of the district court for Wright county, to which the petitioner claims to be entitled as having been elected at the general election on November 4, 1890, and having received a certificate of election and having duly qualified. The respondent’s title, as set forth in the petition, is stated in the opinion. The cause was heard on the petition, on return of the order to show cause issued thereon.

1Opinion of the Court

Gilfillan, C. J.1

The respondent was elected at the general election in the year 1883 to the office of clerk of the district court in the county of WTight. The term of office (fixed by the constitution at four years) was to commence in January, 1884. Unless the term of office of the clerk of the court in that county was in some way *127-changed by the constitutional amendments adopted in 1883, the suc-ceeding term commenced in January, 1888, and will terminate in January, 1892. At the general election in 1886 the respondent was again elected to the office.

The amendments referred to, so far as they…

2Cited by3 opinions

  1. State ex rel. Childs v. O'LearySupreme Court of Minnesota · 1896
  2. State ex rel. Abel v. BergSupreme Court of Minnesota · 1916
  3. State Ex Rel. Peterson v. BenselSupreme Court of Minnesota · 1935

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