Legal Opinion

Kleppe v. Gard

Supreme Court of Minnesota

Decided December 10, 1909No. Nos. 16,295—(76)PublishedCited by 4 opinions

Petition to the district court for Otter Tail county for a. writ-of mandamus commanding George H. Gard, clerk of the city of Fergus Falls, to receive and file a certain petition and to give notice at the same time and in the same manner as the notice of the charter election to be held in the city of Fergus Falls on April 6, 1909, that the question of license would be submitted at such election, or show cause why he had not done so.

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Petition to the district court for Otter Tail county for a. writ-of mandamus commanding George H. Gard, clerk of the city of Fergus Falls, to receive and file a certain petition and to give notice at the same time and in the same manner as the notice of the charter election to be held in the city of Fergus Falls on April 6, 1909, that the question of license would be submitted at such election, or show cause why he had not done so. The writ being granted, respondent Gard answered that, under the home rule charter adopted in 1903, the common council of the city had full power to license the…

1Opinion of the CourtBrown, J.

Relator, with other legal voters of the city of Fergus Falls, duly filed with the clerk of that city a petition in due form requesting the submission at the general city election to be held on April 6, 1909, of the question of licensing the sale of intoxicating liquors within the city. On the claim that the local option statutes of the state did not apply to the city of Fergus Falls, the clerk declined to act upon the petition or place the question upon the official ballots. *252Whereupon relator applied to the district court and obtained an alternative writ of mkndamus' directing the clerk…

2Cited by4 opinions

  1. Thune v. HetlandSupreme Court of Minnesota · 1911
  2. Anderson v. City of Le SueurSupreme Court of Minnesota · 1914
  3. State ex rel. Miller v. CarverSupreme Court of Minnesota · 1914
  4. State ex rel. Lalonde v. WhiteSupreme Court of Minnesota · 1915

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