Legal Opinion

State ex rel. Allen v. Rush

Supreme Court of Minnesota

Decided November 19, 1915No. Nos. 19,548—(20)PublishedCited by 6 opinions

Upon the relation of B. E. Allen the district court for Eamsey county granted its alternative writ of mandamus directing A. J. Bush, as chief state inspector of oils for the state of Minnesota, to reappoint relator to the office of deputy inspector of oils for McLeod county or show cause why he had not done so.

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Upon the relation of B. E. Allen the district court for Eamsey county granted its alternative writ of mandamus directing A. J. Bush, as chief state inspector of oils for the state of Minnesota, to reappoint relator to the office of deputy inspector of oils for McLeod county or show cause why he had not done so. The demurrer of respondent to the writ and petition was overruled, Kelly, J., and the court certified that the question presented by the demurrer was important and doubtful. From the order overruling the demurrer to the petition and writ, defendant appealed.

1Opinion of the Court

Taylor, C.

Eelator was appointed deputy inspector of oils for the county of McLeod on February 11, 1911, by Guy Eaton, then chief state inspector of oils, and performed the duties of such deputy inspector from the time of his appointment until April 16, 1915. Defendant was appointed to succeed inspector Eaton, whose term of office had expired, and became chief state inspector of oils on February 22, 1915. On April 16, 1915, *191defendant appointed one Frank Kasper as deputy inspector for the county of McLeod, and notified relator that relator’s term of office would expire on that date. Relator was…

2Cited by6 opinions

  1. Smith v. Benefit Assn. of Railway EmployeesSupreme Court of Minnesota · 1932
  2. State Ex Rel. Stubben v. Board of County CommissionersSupreme Court of Minnesota · 1966
  3. Burns v. CarlawSupreme Court of Minnesota · 1922
  4. State Ex Rel. Caffrey v. Metropolitan Airports CommissionSupreme Court of Minnesota · 1976
  5. State Ex Rel. Kinler v. RinesSupreme Court of Minnesota · 1931

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