Legal Opinion

Lauritsen v. Seward

Supreme Court of Minnesota

Decided November 2, 1906No. Nos. 15,065—(197)PublishedCited by 15 opinions

In the matter of the election contest between Marcus Lauritsen and Virgil B. Seward for the nomination of senator. Upon the presentation of the affidavit of Marcus Lauritsen to one of the justices of the supreme court, an order issued requiring Virgil B. Seward and other persons named therein to show cause at a time stated why the relief prayed for in the affidavit should not be granted.

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In the matter of the election contest between Marcus Lauritsen and Virgil B. Seward for the nomination of senator. Upon the presentation of the affidavit of Marcus Lauritsen to one of the justices of the supreme court, an order issued requiring Virgil B. Seward and other persons named therein to show cause at a time stated why the relief prayed for in the affidavit should not be granted. Upon the return to the order the parties to whom it was directed moved to dismiss the proceedings, on the ground that the supreme court has no jurisdiction to entertain the proceedings and grant the relief…

1Opinion of the CourtElliott, J.

(after stating the facts as above.)

This is an application made directly to the supreme court under a statute which in express terms confers upon the court original jurisdiction to hear and determine election contests. The petitioner by his allegations has brought himself clearly within the provisions of the statute, and the court has jurisdiction to grant the relief sought, providing the legislature had the power to confer it. R. L. 1905, § 202, provides:

Review by Courts. Whenever it shall be made to appear by affidavit to any judge of the supreme court, or of the district court of the proper…

2Cases cited22 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  3. Thompson v. UtahSupreme Court of the United States · 1898
  4. Roberts v. United StatesSupreme Court of the United States · 1900
  5. Ex Parte CuttingSupreme Court of the United States · 1877

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3Cited by15 opinions

  1. Lading v. City of DuluthSupreme Court of Minnesota · 1922
  2. State ex rel. Early v. WunderlichSupreme Court of Minnesota · 1920
  3. State ex rel. Schwartzkopf v. City Council of BrainerdSupreme Court of Minnesota · 1913
  4. Dexner v. HoughtonSupreme Court of Minnesota · 1922
  5. Hunt v. HoffmanSupreme Court of Minnesota · 1914

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