Legal Opinion

State ex rel. Seng v. Peter

Supreme Court of Minnesota

Decided July 5, 1907No. Nos. 15,226-(171)PublishedCited by 12 opinions

Writ of quo warranto issued from the district court for Ramsey county, requiring defendants Louis H. Peter, Louis Nash, Henry S. Fairchild and Leonard S. Burres to show by what right they held the office of county commissioners. The relators demurred to the answer made by the respondents and the demurrer was overruled, Kelly, J., who ordered judgment, dismissing and quashing the writ. From the judgment entered pursuant to the order relators appealed.

1Opinion of the CourtBrown, J.

Proceedings in quo warranto to determine the right of respondents to hold and exercise the functions of the office of county commissioners of Ramsey county. Respondents had judgment below, and relators appealed.

By chapter 73, p. 282, Sp. Laws 1871, the elective membership of the board of county commissioners of Ramsey county was fixed at six, and the mayor of the city of St. Paul declared a member ex officio. By chapter 438, p. 1044, Sp. Laws 1891, the county was divided into commissioner districts, and the number of members designated for each district. The county has at all times since been…

2Cases cited8 opinions

  1. State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
  2. State ex rel. Lum v. ArchibaldSupreme Court of Minnesota · 1890
  3. Rymer v. Luzerne County, Pennsylvania Court of Common Pleas, Luzerne County1891
  4. Morrison v. Fayette CountySupreme Court of Pennsylvania · 1889
  5. Moore v. City of MinneapolisSupreme Court of Minnesota · 1890

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3Cited by12 opinions

  1. City of South Norfolk v. DailSupreme Court of Virginia · 1948
  2. Rowland v. McBrideArizona Supreme Court · 1929
  3. Scott v. LichfordSupreme Court of Virginia · 1935
  4. Turner v. SnyderSupreme Court of Minnesota · 1907
  5. State Ex Rel. Mergens v. BabcockSupreme Court of Minnesota · 1928

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