Legal Opinion

State ex rel Douglas v. School District No. 108

Supreme Court of Minnesota

Decided January 17, 1902No. Nos. 12,759-(160)PublishedCited by 19 opinions

Proceeding in tbe nature of quo warranto in tbe district court for Dakota county, on tbe relation of tbe attorney general, to oust and deprive respondents, School District No. 108 and the treasurer, director and clerk thereof, of all corporate rights, powers, and franchises. From a judgment discharging a writ, entered pursuant to an order of Crosby, J., relator appealed.

1Opinion of the CourtCollins, J.

This is a quo warranto proceeding to inquire into the organization of School District No. 108, in the county of Dakota.

The district was organized, if at all, under Laws 1891, c. 26 (G. S. 1894, §§ 3667-3672, inclusive), in the year 1900; and a number of réasons are' assigned by counsel for the relator why it has never had a legal existence, and should be so declared in this proceeding. The court below found the facts quite fully in respect to the details of the organization, and that in September, 1900, officers of said district were elected, were duly qualified, entered upon and continue to…

2Cases cited9 opinions

  1. People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
  2. Commonwealth ex rel. Attorney General v. Bala & Bryn Mawr Turnpike Co.Supreme Court of Pennsylvania · 1893
  3. Indiana v. MilkDistrict Court, D. Indiana · 1882
  4. Saint Paul, Stillwater & Taylor's Falls Railroad v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1879
  5. Farrell v. FabelSupreme Court of Minnesota · 1891

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3Cited by19 opinions

  1. State v. CarrCourt of Appeals for the Eighth Circuit · 1911
  2. State ex rel. Caldwell v. Lincoln Street Railway Co.Nebraska Supreme Court · 1907
  3. State v. HorrSupreme Court of Minnesota · 1925
  4. State Ex Rel. Martin v. City of GadsdenSupreme Court of Alabama · 1927
  5. State ex rel. Wah-We-Yea-Cumin v. OlsonSupreme Court of Minnesota · 1909

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