Legal Opinion

State ex. rel. Biggs v. Churchill

Supreme Court of Minnesota

Decided July 15, 1870PublishedCited by 13 opinions

The relator, claiming to have been legally elected, at the general election in November, 1869, to the office of treasurer of Morrison county, and that the auditor 'of said county refused to issue to him &■ certificate of his election, applied to the district court for that county, upon affidavit, for a peremptory writ of mandamus requiring said auditor to issue to him such certificate.

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The relator, claiming to have been legally elected, at the general election in November, 1869, to the office of treasurer of Morrison county, and that the auditor 'of said county refused to issue to him &■ certificate of his election, applied to the district court for that county, upon affidavit, for a peremptory writ of mandamus requiring said auditor to issue to him such certificate. A rule was entered requiring the respondent to appear and show cause why the writ should not issue. On the return day of the rule the respondent appeared and showed cause by affidavit. The court denied the…

1Opinion of the CourtMcMillan, J.

By the Court. This is an application by the relator to the district court, for a peremptory mandamus, in the first instance, to the respondent, auditor of Morrison county, commanding him to issue to the relator a certificate of election as county treasurer of said county.

The granting of the writ is within the exclusive jurisdiction of the court; the order denying the writ is therefore appealable. Gen. Stat. Ch. 80, Sec. 13. Yale vs. Edgerton, 11 Minn. 271.

The affidavit of the relator, upon which his application for the relief demanded is based, after stating, among other things, the…

2Cases cited3 opinions

  1. Hadley v. . MayorNew York Court of Appeals · 1865
  2. Crowell v. LambertSupreme Court of Minnesota · 1865
  3. Yale v. EdgertonSupreme Court of Minnesota · 1866

3Cited by13 opinions

  1. State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
  2. Harrison v. StroudCourt of Appeals of Kentucky · 1908
  3. Moulton v. ReidSupreme Court of Alabama · 1875
  4. Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
  5. State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895

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