State ex rel. Smith v. Village of Gilbert
Supreme Court of Minnesota
Upon the petition of Lyndon A. Smith, as attorney general of the state of Minnesota, this court granted its writ directing the village of Gilbert and the trustees of that village to show quo warranto they held and exercised their authority and offices in certain territory described in the writ, and to show cause why the annexation proceedings mentioned in the opinion should not be declared illegal and void, and why the individual respondents should not be ousted.
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Upon the petition of Lyndon A. Smith, as attorney general of the state of Minnesota, this court granted its writ directing the village of Gilbert and the trustees of that village to show quo warranto they held and exercised their authority and offices in certain territory described in the writ, and to show cause why the annexation proceedings mentioned in the opinion should not be declared illegal and void, and why the individual respondents should not be ousted. The respondents answered.
1Opinion of the CourtHolt, J.
This is a quo warranto proceeding brought in this court to test the legality of the annexation of certain territory to the village of Gilbert in St. Louis county. The village as originally incorporated included 2,240 acres. In quo warranto proceedings, reported in 107 Minn. 364, 120 N. W. 528, a writ of ouster was, granted because the territory lacked urban qualification. Thereupon, in virtue of chapter 148, p. 160, of the Laws of 1909 and the general law relating to village organization, the village again incorporated, retaining 80 acres of the original territory and adding on the south of…
2Cases cited13 opinions
- Kelly v. PittsburghSupreme Court of the United States · 1881
- Nichols v. WalterSupreme Court of Minnesota · 1887
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884
- City of Winona v. School-District, No. 82Supreme Court of Minnesota · 1889
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3Cited by14 opinions
- State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951
- State ex rel. Hilton v. Village of KinneySupreme Court of Minnesota · 1920
- State ex rel. Hilton v. City of NashwaukSupreme Court of Minnesota · 1922
- Marwin v. Board of Auditorium CommissionersSupreme Court of Minnesota · 1918
- State ex rel. Hilton v. Village of BuhlSupreme Court of Minnesota · 1921
9 more not listed; retrieve them via the Exa API.