Legal Opinion · Dissent

State Ex Rel. Peterson v. Hoppe

Supreme Court of Minnesota

Decided March 29, 1935No. 30,421Published

1DissentDevaney, Chief Justice

I dissent. • The council placed a practical construction on the charter provision Avlien, on January 25, 1935, they took the view that 14 votes Avere necessary to choice and that Hoppe, having received only 13 votes, was not elected. . Their action six days later in declaring Hoppe elected on receipt of 13 votes seems to me to be unauthorized under the provisions of the charter. In my view c. 2, § 2, of- the Minneapolis city charter, quoted in the majority opinion and requiring “the affirmative vote of a majority of all members,” required 14 votes to elect Turner’s successor. Schermerhorn v.…

2Cases cited6 opinions

  1. City of San Francisco v. HazenCalifornia Supreme Court · 1855
  2. Pollasky v. SchmidMichigan Supreme Court · 1901
  3. McLean v. City of East St. LouisIllinois Supreme Court · 1906
  4. Wood v. GordonWest Virginia Supreme Court · 1905
  5. State v. Mayor of Jersey CitySupreme Court of New Jersey · 1890

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