Legal Opinion

Hammer v. Narverud

Supreme Court of Minnesota

Decided April 11, 1919No. 21,133PublishedCited by 6 opinions

Action in the district court for Clay county to declare the organization of the village of Hitterdal void, and to restrain defendants from conducting an election on April 26, 1918, for the purpose of electing village officers and making returns thereon. The facts are stated in the opinion.

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Action in the district court for Clay county to declare the organization of the village of Hitterdal void, and to restrain defendants from conducting an election on April 26, 1918, for the purpose of electing village officers and making returns thereon. The facts are stated in the opinion. Defendants’ motion that an order obtained by plaintiffs requiring defendants to show cause why defendants should not be restrained from acting as election judges, why all proceedings of the county board should not be declared null and void, and why plaintiffs should not have judgment as prayed in their…

1Opinion of the CourtBrown, C. J.

Action in equity by interested taxpayers to restrain and enjoin certain proceedings pending and being conducted under the provisions of chapter 9, G. S. 1913, for the incorporation of the village of Hitterdal, in Clay county. Defendants had judgment on the pleadings and plaintiffs appealed.

The statutes under which the proceedings sought to be restrained were being conducted, sections 1204 to 1209 inclusive, provide that any district, section or parts thereof, not included in an existing village and containing a resident population not exceeding 3,000 and not less than 200, may be incorporated…

2Cases cited10 opinions

  1. State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884
  2. Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
  3. Oelschlegel v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1898
  4. Evens v. AndersonSupreme Court of Minnesota · 1916
  5. State ex rel. Childs v. Board of County CommissionersSupreme Court of Minnesota · 1896

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3Cited by6 opinions

  1. State Ex Rel. Harrier v. Village of Spring Lake ParkSupreme Court of Minnesota · 1955
  2. In Re Incorporation of Windsor HeightsSupreme Court of Iowa · 1942
  3. Dunn v. BurbankSupreme Court of Iowa · 1920
  4. Common School District No. 102 v. Consolidated School District No. 111-74Supreme Court of Minnesota · 1927
  5. Scott v. City of JamestownNorth Dakota Supreme Court · 1928

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