Legal Opinion

Gustafson v. Rhinow

Supreme Court of Minnesota

Decided January 9, 1920No. 21,725PublishedCited by 20 opinions

Action m the district court for Hennepin county to restrain the members of The Soldiers’ Bonus Board from carrying out the provisions oí Laws 1919 (Ex. Sess.) e. 49. The demurrer of the defendants to the complaint was sustained, Jelley, J. From the order sustaining the demurrer, plaintiff appealed.

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Action m the district court for Hennepin county to restrain the members of The Soldiers’ Bonus Board from carrying out the provisions oí Laws 1919 (Ex. Sess.) e. 49. The demurrer of the defendants to the complaint was sustained, Jelley, J. From the order sustaining the demurrer, plaintiff appealed. Chief Justice Brown, Justice Holt and Justice Quinn being disqualified from sitting in this case, the Governor, pursuant to Const, art. 6, § 3, assigned Judge McClenahan, of the Fifteenth judicial district, Judge Catherwood, of the Tenth judicial district, and Judge Dancer, of the Eleventh judicial…

1Opinion of the CourtMcClenahan, J.

1. This action is brought by a qualified person for the purpose of permanently restraining the defendants from carrying out the provisions of Laws 1919 (Ex. Sess.) p. 72, c. 49, known as the Soldiers’ Bonus Law. The attorney general, appearing for the defendants, interposed a general demurrer to the complaint. The demurrer was sustained by the trial judge and plaintiff appealed.

The real question to be determined is the constitutionality of the bonus law mentioned. Section 1 of that law defines the word “soldier,” as used in the act, and the situation seems to require its quotation here in…

2Cases cited19 opinions

  1. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
  2. Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
  3. Woodall v. DarstWest Virginia Supreme Court · 1912
  4. Brodhead v. City of MilwaukeeWisconsin Supreme Court · 1865
  5. Booth v. Town of WoodburySupreme Court of Connecticut · 1864

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3Cited by20 opinions

  1. Lyman v. AdornoSupreme Court of Connecticut · 1947
  2. People v. Westchester County National BankNew York Court of Appeals · 1921
  3. Hagler v. SmallIllinois Supreme Court · 1923
  4. State Ex Rel. Hamilton v. MartinWashington Supreme Court · 1933
  5. Veterans' Welfare Board v. JordanCalifornia Supreme Court · 1922

15 more not listed; retrieve them via the Exa API.

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