Legal Opinion

Gude v. City of Duluth

Supreme Court of Minnesota

Decided November 7, 1919No. 21,437PublishedCited by 4 opinions

Action in the district court for 'St. Louis county to recover $2,300 for salary. The answer alleged that if plaintiff was at any time employed as a regularly qualified, inspector by the department of public works he had abandoned all claim to the office and to the salary attached thereto.

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Action in the district court for 'St. Louis county to recover $2,300 for salary. The answer alleged that if plaintiff was at any time employed as a regularly qualified, inspector by the department of public works he had abandoned all claim to the office and to the salary attached thereto. The case was tried before Dancer, L, who when plaintiff rested and at the close of the trial denied defendant’s motions to dismiss the action, and at the close of the testimony motions of the respective parties for a directed verdict, and a jury which returned a verdict for $1,713.07. Defendant’s motion for…

1Opinion of the CourtBrown, C. J.

For a number of years plaintiff was in the employ of the city of Duluth *110as an inspector in its department of public works. He was in the classified service and entitled to the benefits and protection of the civil service regulations provided for 'by the city charter, under "which he could be removed from the employment for cause only. Provision was made by such regulations for “laying off” employees whenever there was no work in the particular department to do, which was applicable to the position held by plaintiff. But an employee so laid off is entitled to precedence in reinstatement…

2Cases cited1 opinion

  1. Markus v. City of DuluthSupreme Court of Minnesota · 1917

3Cited by4 opinions

  1. Spurck v. Civil Service BoardSupreme Court of Minnesota · 1950
  2. Ryan v. Hennepin CountySupreme Court of Minnesota · 1947
  3. Reed v. TrovattenSupreme Court of Minnesota · 1941
  4. Shinners v. City of St. PaulSupreme Court of Minnesota · 1940

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