Chamberlain v. Sibley
Supreme Court of Minnesota
Points in support of application: First. — Satisfactory evidence having been furnished to tbe Governor, as is admitted, he had no discretion not to issue the bonds. Vide Con. Amend. to Sec. 10, Art. 9. Second. — The petition shows a tender of an amount of first mortgage bonds on the roads, franchises and lands of the Company corz-esponding in amount to the State Bonds demanded.
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Points in support of application: First. — Satisfactory evidence having been furnished to tbe Governor, as is admitted, he had no discretion not to issue the bonds. Vide Con. Amend. to Sec. 10, Art. 9. Second. — The petition shows a tender of an amount of first mortgage bonds on the roads, franchises and lands of the Company corz-esponding in amount to the State Bonds demanded. Upon the tender the z-ight of the Company (proof having been made as is admitted) became an absolute and vested ifight. Tim'd. — There is no room left for construction of the term “ first mortgage bonds.” This Court…
1Opinion of the CourtEmmett, C. J.
By the Court. This is an application for a writ of peremptory mandamus, to compel the Defendant as *312Governor of the State to deliver to the petitioner as the assignee of the Minnesota and Pacific Railroad Company, twenty-five thousand dollars in Minnesota State Railroad Bonds, pursuant to the amendment to section ten, article nine of the Constitution, adopted April 15th, 1858.
It is not necessary to consider the merits of this case as shown by the facts detailed in the petition and answer, inasmuch as the jurisdictional question which has been raised, in our opinion, disposes of the application.
2Cases cited1 opinion
- Minnesota & Pacific Railroad v. SibleySupreme Court of Minnesota · 1858
3Cited by16 opinions
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- Slack v. JacobWest Virginia Supreme Court · 1875
- Harpending v. HaightCalifornia Supreme Court · 1870
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
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