Legal Opinion

State ex rel. Hilton v. City of Nashwauk

Supreme Court of Minnesota

Decided February 3, 1922No. 22,681PublishedCited by 15 opinions

Upon the relation of Clifford L. Hilton, Attorney General, the supreme court issued its writ directed to the city of Nashwauk and the officers of the village of Nashwauk, to show quo warranto the city of Nashwauk claimed the right to exist or to be a city or to exercise jurisdiction, control or authority over the territory attempted to be embraced therein, and the individual defendants claimed to exercise the official powers referred to in the information, and the…

Read the full summary

Upon the relation of Clifford L. Hilton, Attorney General, the supreme court issued its writ directed to the city of Nashwauk and the officers of the village of Nashwauk, to show quo warranto the city of Nashwauk claimed the right to exist or to be a city or to exercise jurisdiction, control or authority over the territory attempted to be embraced therein, and the individual defendants claimed to exercise the official powers referred to in the information, and the inhabitants of the territory claimed to be a body politic. Respondents made return, to which the state replied and demurred to…

1Opinion of the CourtHallam, J.

1. This is a proceeding in quo warranto against the city of Nashwauk and individuals, who, it is alleged, claim to be acting as officers of the city. Judgment of ouster is asked because the statute under which the city was incorporated, namely, chapter 462, p. 724, Laws of 1921, is alleged to be unconstitutional and because the territory included within the city does not fall within the terms of the statute.

Chapter 462, p. 724, Laws of 1921, reads as follows:

“Section 1. Cities of fourth, class may he incorporated— Procedure. The inhabitants of contiguous territory not organized as a city and…

2Cases cited23 opinions

  1. People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
  2. State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884
  3. County-Seat of Linn CountySupreme Court of Kansas · 1875
  4. State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
  5. State v. Minnetonka VillageSupreme Court of Minnesota · 1894

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

3Cited by15 opinions

  1. Hassler v. EngbergSupreme Court of Minnesota · 1951
  2. Schulte v. FitchSupreme Court of Minnesota · 1925
  3. State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951
  4. Remington Arms Co. v. G. E. M. of St. Louis, Inc.Supreme Court of Minnesota · 1960
  5. Grudnosky v. BislowSupreme Court of Minnesota · 1958

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API