State ex rel. Slipp v. McFadden
Supreme Court of Minnesota
Mandamus to compel the delivery to the relator, who claimed to be the treasurer of Cass county, of the books, papers, etc., belonging to that office. From the alternative writ and the answer it appeared that Cass county was declared to be organized by Laws 1872, c. 79, pursuant to which act the county seat was located at 'West Brainerd.
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Mandamus to compel the delivery to the relator, who claimed to be the treasurer of Cass county, of the books, papers, etc., belonging to that office. From the alternative writ and the answer it appeared that Cass county was declared to be organized by Laws 1872, c. 79, pursuant to which act the county seat was located at 'West Brainerd. On March 15, 1876, the county commissioners, having caused an action to be brought against the then county treasurer as a defaulter, removed him from office, and appointed the relator to fill the vacancy, who qualified and gave bond as required by law. The…
1Opinion of the CourtCornell, J.
The main question discussed by counsel, and presented for adjudication, is whether the act of March 3, 1876, entitled “An act in relation to Cass county, and, to attach the same to the county of Crow Wing,” which practically disorganizes the former, and attaches it to the latter comity for judicial, record, and taxing purposes, is within or without the limits of legislative power under the state constitution. It cannot be doubted that the power of ■state legislation over counties is plenary and absolute, •except as restricted by the constitution, either in express terms or by necessary…
2Cases cited3 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Board of Supervisors v. HeenanSupreme Court of Minnesota · 1858
3Cited by15 opinions
- Hersey v. NeilsonMontana Supreme Court · 1913
- State ex rel. Childs v. Board of County CommissionersSupreme Court of Minnesota · 1896
- State ex rel. Wyoming Agricultural College v. IrvineWyoming Supreme Court · 1906
- State v. HonerudSupreme Court of Minnesota · 1896
- State ex rel. Lindholm v. ParkerSupreme Court of Minnesota · 1878
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