State ex rel. Mortensen v. Copeland
Supreme Court of Minnesota
Mandamus. Alternative writ from the district court for Ramsey county to John Copeland, Philip C. Justus, Ernest L. Mabon and Robert N. Hare, as members of the board of public works of the city of St. Paul, and James W. Smith, requiring them to remove said James W. Smith from the office of deputy clerk of said board and to appoint relator to that position. From an order, Willis, J., allowing a peremptory writ, respondents appealed.
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Mandamus. Alternative writ from the district court for Ramsey county to John Copeland, Philip C. Justus, Ernest L. Mabon and Robert N. Hare, as members of the board of public works of the city of St. Paul, and James W. Smith, requiring them to remove said James W. Smith from the office of deputy clerk of said board and to appoint relator to that position. From an order, Willis, J., allowing a peremptory writ, respondents appealed. G. S. 1894, § 8041, providing for a preference to be given to honorably discharged Union soldiers and sailors in appointment and employment in public departments in…
1Opinion of the CourtMitchell, J.
The board of public works of the city of St. Paul is an executive department of the city government. The city charter requires them to elect a clerk of the board, and authorizes them to employ such other help as may be necessary. Under this latter provision they have for some years employed a person to perform clerical and such other duties as they, might require of him, whom they have designated “deputy clerk.”
G-. S. 1894, § 8041, provides
“That in every public department and upon all the public works of the state of Minnesota and the counties, towns, cities and villages *373thereof honorably…
2Cases cited2 opinions
- State ex rel. Matthews v. WebberSupreme Court of Minnesota · 1883
- State ex rel. Cowden v. MillerSupreme Court of Minnesota · 1896
3Cited by10 opinions
- State ex rel. Boyd v. MatsonSupreme Court of Minnesota · 1923
- State Ex Rel. Boldt v. St. Cloud Milk Producers' Assn.Supreme Court of Minnesota · 1937
- State Ex Rel. Meehan v. EmpieSupreme Court of Minnesota · 1925
- State Ex Rel. Kane v. StassenSupreme Court of Minnesota · 1940
- State ex rel. Board of County Commissioners v. McKellarSupreme Court of Minnesota · 1904
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