State ex rel. Matthews v. Webber
Supreme Court of Minnesota
The relator, having received a certificate of election as clerk of the district court for Lyon county, and having duly qualified, instituted proceedings in the district court for that county to obtain possession of the books, papers, etc., of the office, from one Woodford, who had been theretofore appointed to fill a vacancy in the office.
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The relator, having received a certificate of election as clerk of the district court for Lyon county, and having duly qualified, instituted proceedings in the district court for that county to obtain possession of the books, papers, etc., of the office, from one Woodford, who had been theretofore appointed to fill a vacancy in the office. In this proceeding, after a hearing before Webber, J., the relator obtained a final order that a peremptory mandamus forthwith issue, returnable the same day. This writ was issued and served, and Woodford made return that he did not intend to obey the…
1Opinion of the CourtBerry, J.
An appeal lies to the supreme court from the district •court, in mandamus, as in civil actions. Gen. St. 1878, c. 80, § 14. Independent of this provision of statute, an order of a district court allowing a peremptory mandamus is appealable under the sixth subdivision of Gen. St. 1878, c. 86, § 8, as “a final order affecting a-substantial right, made in a special proceeding.” See People v. Schoonmaker, 19 Barb. 657. It follows that, to such an order, Gen. St. *2121878, c. 86, § 10, is applicable. This section enacts that an appeal, ■when taken from an order, “shall stay all proceedings…
2Cases cited2 opinions
- People ex rel. Merriam v. SchoonmakerNew York Supreme Court · 1855
- People ex rel. Griffen v. SteeleNew York Supreme Court · 1848
3Cited by9 opinions
- Miller v. ReiterSupreme Court of Minnesota · 1923
- State ex rel. Casmey v. TealSupreme Court of Minnesota · 1898
- Schiltz v. City of DuluthSupreme Court of Minnesota · 1990
- State ex rel. Mortensen v. CopelandSupreme Court of Minnesota · 1898
- State ex rel. Board of County Commissioners v. McKellarSupreme Court of Minnesota · 1904
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