Legal Opinion

Cooke v. Iverson

Supreme Court of Minnesota

Decided July 9, 1909No. Nos. 16,267—(214)PublishedCited by 34 opinions

Action in tbe district court for Ramsey county to restrain defendant, as state auditor of tbe state of Minnesota, from executing any warrants addressed to tbe state treasurer of tbe state of Minnesota in favor of any county, city, village or township treasurer directing tbe payment of any of tbe moneys appropriated by chapter 219, Laws 1907, as amended by Laws 1909, e. 91, and distributed or appropriated by Laws 1909, c. 505. From an order, Brill, J., overruling defendant’s…

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Action in tbe district court for Ramsey county to restrain defendant, as state auditor of tbe state of Minnesota, from executing any warrants addressed to tbe state treasurer of tbe state of Minnesota in favor of any county, city, village or township treasurer directing tbe payment of any of tbe moneys appropriated by chapter 219, Laws 1907, as amended by Laws 1909, e. 91, and distributed or appropriated by Laws 1909, c. 505. From an order, Brill, J., overruling defendant’s demurrer to tbe complaint and granting a motion for a temporary injunction, be appealed. .

1Opinion of the Court

Start, O. J.

This action was brought in tbe district court of tbe county of Ramsey to enjoin the defendant, as state auditor, from issuing any warrants, payable out of tbe general revenue fund of tbe state, pursuant to chapter 91, p. 82, and chapter 505, p. 638, of tbe Laws of 1909. Tbe defendant demurred to tbe complaint, and appealed from an order overruling bis demurrer. Tbe record presents two constitutional questions for our decision.

1. Tbe first one is whether this action can be maintained against *390the state auditor. This involves a consideration of the general proposition whether the…

2Cases cited16 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Rippe v. BeckerSupreme Court of Minnesota · 1894
  3. McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
  4. State ex rel. Childs v. SuttonSupreme Court of Minnesota · 1895
  5. Martin v. LennonSupreme Court of Minnesota · 1872

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

3Cited by34 opinions

  1. State ex rel. Trent v. SimsWest Virginia Supreme Court · 1953
  2. State Ex Rel. Gardner v. HolmSupreme Court of Minnesota · 1954
  3. State ex rel. Simpson v. City of MankatoSupreme Court of Minnesota · 1912
  4. State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
  5. State ex rel. Kinsella v. EberhartSupreme Court of Minnesota · 1911

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

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