Crowell v. Lambert
Supreme Court of Minnesota
APPLICATION POR WRIT’ OP MANDAMUS. Points and authorities for Respondent. The Constitution provides that the term of office of Judge of Probate shall be for two years. Section 1, Art. 6, Constitution (State), and can only be determined within that time by act of the party himself.
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APPLICATION POR WRIT’ OP MANDAMUS. Points and authorities for Respondent. The Constitution provides that the term of office of Judge of Probate shall be for two years. Section 1, Art. 6, Constitution (State), and can only be determined within that time by act of the party himself. Sec. 10, Art. 6 of Constitution, is as follows : “ In case the office of any judge shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment of the Governor until a successor is elected and qualified. (Did the section stop here the appointee of…
1Opinion of the Court
*285 By the Court
Emmett, C. J.
This is an application by the Plaintiff or Relator for a peremptory writ of mandamus, to compel the Defendant to surrender to him the office of Probate Judge of the county of Ramsey, together with the records, etc., pertaining thereto. The Plaintiff founds his claim upon an election to the office at the annual election of A. D., 1863; while the Defendant insists that, as he was elected, on the happening of a vacancy, to fill the office, at the annual election of 1862, his term has not yet expired.
It will be seen, from this condition of affairs, that the important…
2Cases cited1 opinion
- Minnesota & Pacific Railroad v. SibleySupreme Court of Minnesota · 1858
3Cited by18 opinions
- Crowell v. LambertSupreme Court of Minnesota · 1865
- Kenney v. GoergenSupreme Court of Minnesota · 1886
- Williams v. KemperSupreme Court of Minnesota · 1906
- Curran v. NashSupreme Court of Minnesota · 1947
- Cabanne v. GrafSupreme Court of Minnesota · 1902
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