Minnesota Sugar Co. v. Iverson
Supreme Court of Minnesota
Writ of certiorari issued from the supreme court upon petition” of Minnesota Sugar Company, to review the act of respondent, as State Auditor, in refusing to issue a warrant upon the state treasurer for $19,925.36, to which amount petitioner claimed to be entitled as bounty under the provisions of Laws 1895, c. 205, as amended by Laws 1899, c. 307. Whether the act of an official is judicial or ministerial, is not determined by the character of the agency but by the nature of…
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Writ of certiorari issued from the supreme court upon petition” of Minnesota Sugar Company, to review the act of respondent, as State Auditor, in refusing to issue a warrant upon the state treasurer for $19,925.36, to which amount petitioner claimed to be entitled as bounty under the provisions of Laws 1895, c. 205, as amended by Laws 1899, c. 307. Whether the act of an official is judicial or ministerial, is not determined by the character of the agency but by the nature of the act. Where, in the exercise of a power, an officer is vested with discretion, his act is regarded as quasi…
1Opinion of the Court
COLLINS, J
At the last term of this court the petitioner herein applied for a writ of certiorari directed to the State Auditor, and requiring him to transmit certified copies of the records of his office, and all of the reports theretofore made to him, and all other papers relating to the claim of the petitioner for a bounty upon sugar manufactured by it during the year 1900, which bounty, it was asserted, was due from the state under the provisions of Laws 1895, p. 490 (c. 205) as amended by Laws 1899, p. 389 (c. 307). Upon the return to the order to show cause, and a stipulation, we directed…
2Cases cited11 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- United States v. Realty Co.Supreme Court of the United States · 1896
- Rippe v. BeckerSupreme Court of Minnesota · 1894
- Curtis's Adm'r v. WhippleWisconsin Supreme Court · 1869
- William Deering & Co. v. PetersonSupreme Court of Minnesota · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- Minneapolis Gas Co. v. ZimmermanSupreme Court of Minnesota · 1958
- Arens v. Village of RogersSupreme Court of Minnesota · 1953
- State ex rel. Kinsella v. EberhartSupreme Court of Minnesota · 1911
15 more not listed; retrieve them via the Exa API.