Legal Opinion

Duckstad v. Board of County Commissioners

Supreme Court of Minnesota

Decided July 2, 1897No. Nos. 10,671—(245)PublishedCited by 7 opinions

Appeal by petitioners, electors of Polk county, from a judgment of the district court for Polk county, Ives, J., dismissing their petition contesting the result of the vote for the creation and organizátion of the proposed new county of Garfield. The fact that the organization of Garfield county would leave Nelson county separate from Polk county, and still a part of it, does not invalidate the organization of Garfield county.

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Appeal by petitioners, electors of Polk county, from a judgment of the district court for Polk county, Ives, J., dismissing their petition contesting the result of the vote for the creation and organizátion of the proposed new county of Garfield. The fact that the organization of Garfield county would leave Nelson county separate from Polk county, and still a part of it, does not invalidate the organization of Garfield county. State v. Pioneer, 66 Minn. 536. The ruling of the trial court in this case has legislated into chapter 143, Laws 1893, as amended by chapter 124, Laws 1895, the…

1Opinion of the Court

START, C. J.2

At the general election of 1896, six propositions for the creation and organization of as many new counties out of a portion of Polk county were submitted to the electors of the county, pursuant to *204Laws 1893, c. 143, as amended by Laws 1895, c. 124. The proposed new counties were to be known as Nelson, Hill, Red Lake, Garfield, Mills, and Columbia, respectively. There is here no contention but that the propositions as to Nelson, Hill, Mills, and Columbia were defeated. It is admitted that the proposition as to Red Lake carried, there being 942 votes for it, and 427 against it,…

2Cases cited2 opinions

  1. Hantzch v. MassoltSupreme Court of Minnesota · 1895
  2. State ex rel. Childs v. Board of CommissionersSupreme Court of Minnesota · 1897

3Cited by7 opinions

  1. Baart v. MartinSupreme Court of Minnesota · 1906
  2. State v. BargeSupreme Court of Minnesota · 1901
  3. White v. ThomasSupreme Court of Minnesota · 1904
  4. State ex rel. Ames v. City Council of MinneapolisSupreme Court of Minnesota · 1902
  5. State v. RollinsSupreme Court of Minnesota · 1900

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