State ex rel. Kohler Contracting Co. v. Hansen
Supreme Court of Minnesota
TJpon the relation of the Kohler Contracting Company the district court for Lincoln county granted its alternative writ of mandamus directed to Karl A. Hansen, as county auditor of that county, com* manding him to cause to be drawn a warrant for $1,539.60 on the county treasurer, according to the engineer’s certificate, the warrant to be drawn upon the general drainage fund, and to deliver the same to the Kohler Contracting Company, or show cause why he had not done so.
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TJpon the relation of the Kohler Contracting Company the district court for Lincoln county granted its alternative writ of mandamus directed to Karl A. Hansen, as county auditor of that county, com* manding him to cause to be drawn a warrant for $1,539.60 on the county treasurer, according to the engineer’s certificate, the warrant to be drawn upon the general drainage fund, and to deliver the same to the Kohler Contracting Company, or show cause why he had not done so. The county of Lincoln was granted leave to appear and defend. The defendants made separate returns to the writ. From an…
1Opinion of the Court
Dibell, C.
Mandamus to the auditor of Lincoln county. The relator demurred to the answer of the auditor and the county. The demurrer was sustained and the auditor and the county appealed.
The relator is the contractor for the construction of a judicial ditch. The engineer gave it a preliminary or progress certificate for work done. By G. S. 1913, § 5541, it is made the duty of the auditor to issue a warrant upon the presentation of the certificate. He refused. His refusal is based upon the claim that the statute is void for want of due process because it does not provide for notice to the…
2Cases cited5 opinions
- State ex rel. Arpin v. GeorgeSupreme Court of Minnesota · 1913
- State ex rel. County of Murray v. District CourtSupreme Court of Minnesota · 1917
- Van Pelt v. BertilrudSupreme Court of Minnesota · 1912
- Bowler v. County of RenvilleSupreme Court of Minnesota · 1908
- Moody v. BrasieSupreme Court of Minnesota · 1908
3Cited by12 opinions
- Baugh v. County of NormanSupreme Court of Minnesota · 1918
- Fairmont Real Estate & Investment Co. v. County of MartinSupreme Court of Minnesota · 1958
- Laue v. County of FaribaultSupreme Court of Minnesota · 1952
- In Re Judicial Ditch No. 7, Martin & Faribault CountiesSupreme Court of Minnesota · 1952
- In Re Petition of AbelSupreme Court of Minnesota · 1958
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