State ex rel. Roche v. Rogers
Supreme Court of Minnesota
Alternative writ of mandamus issued from the district court for Ramsey county, upon relation of John G. Roche, a judgment creditor in a judgment therein docketed, requiring defendant as clerk of that court to issue an execution upon the judgment upon being tendered the fee provided by chapter 333, Laws 1903, or show cause to the contrary.
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Alternative writ of mandamus issued from the district court for Ramsey county, upon relation of John G. Roche, a judgment creditor in a judgment therein docketed, requiring defendant as clerk of that court to issue an execution upon the judgment upon being tendered the fee provided by chapter 333, Laws 1903, or show cause to the contrary. The point in issue was the constitutionality of chapter 171, Laws 1905, which amended the former act and postponed its operation in Ramsey county. The case was tried before Brill, Kelly, Bunn, Lewis, Orr and Llallam, JJ., who made an order, (Kelly, J.,…
1Opinion of the CourtElliott, J.
This is an appeal from a judgment entered pursuant to an order refusing to direct the issuance of a peremptory writ of mandamus requiring the clerk of the district court of Ramsey county to issue an execution upon the payment of the fee fixed by section 5553, G. S. 1894. The effect of the order was to hold that chapter 171, p. 221, Laws 1905, is constitutional, and that Ramsey county is not within the class of counties governed by chapter 333, p. 577, of the Laws of 1903.
The act of 1903 fixes and regulates the collection and the disposition of the fees of clerks of the district court in…
2Cases cited12 opinions
- The Cargo of the Brig Aurora, Burn Side v. The United StatesSupreme Court of the United States · 1813
- Rippe v. BeckerSupreme Court of Minnesota · 1894
- People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
- State v. DonaldsonSupreme Court of Minnesota · 1889
- State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
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3Cited by10 opinions
- Visina v. FreemanSupreme Court of Minnesota · 1958
- Schulte v. FitchSupreme Court of Minnesota · 1925
- McGarvey v. SwanWyoming Supreme Court · 1908
- Remington Arms Co. v. G. E. M. of St. Louis, Inc.Supreme Court of Minnesota · 1960
- State ex rel. Flaten v. Independent School DistrictSupreme Court of Minnesota · 1919
5 more not listed; retrieve them via the Exa API.