Legal Opinion

State Ex Rel. Dann v. Hutchinson

Supreme Court of Minnesota

Decided December 8, 1939No. 32,344PublishedCited by 5 opinions

1Opinion of the Court

Stone, Justice.

The one question presented by this alternative Avrit of prohibition is Avhether the council of the city of Jackson has the power to remove relator from his office of justice of the peace.

Relator was reelected in April, 1939, for a two-year term. In October, respondents, the members of the city council, summoned him to appear before them for hearing on charges preferred in a removal proceeding. Before that hearing our alternative writ issued.

Minn. Const. art. 13, § 1, provides for removal of state officers. In enumerated cases impeachment is the method. There follows, in § 2,…

2Cases cited5 opinions

  1. State ex rel. Young v. RobinsonSupreme Court of Minnesota · 1907
  2. Hjelm v. City of St. CloudSupreme Court of Minnesota · 1915
  3. State ex rel. Rosckes v. DregerSupreme Court of Minnesota · 1906
  4. State ex rel. Simpson v. FlemingSupreme Court of Minnesota · 1910
  5. State ex rel. Hilton v. EsslingSupreme Court of Minnesota · 1923

3Cited by5 opinions

  1. State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953
  2. Midland Loan Finance Co. v. LorentzSupreme Court of Minnesota · 1941
  3. Hellman v. MarquardtArizona Supreme Court · 1974
  4. Moore v. Village of GilbertSupreme Court of Minnesota · 1940
  5. State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953

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