State ex rel. Simpson v. Dowlan
Supreme Court of Minnesota
Quo warranto. Application by relator for leave to file an information in the nature of a quo warranto, upon a complaint and affidavit alleging that at a municipal election in the city of St. Paul, held May 5,1885, for the office of alderman of the second district of the first ward of that city, the relator received the greatest number of legal votes for such office; that the judges of election for such district duly canvassed the votes and returned that relator received 526…
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Quo warranto. Application by relator for leave to file an information in the nature of a quo warranto, upon a complaint and affidavit alleging that at a municipal election in the city of St. Paul, held May 5,1885, for the office of alderman of the second district of the first ward of that city, the relator received the greatest number of legal votes for such office; that the judges of election for such district duly canvassed the votes and returned that relator received 526 legal votes, being the greatest number of votes cast for any candidate for such office at said election, and that…
1Opinion of the Court
Gtlpillan, C. J.1
Application by relator, the attorney general consenting, but not participating, for leave to file an information in the nature of a quo warranto, to determine the title to the office of aider-man in the city of St. Paul, both relator and respondent claiming to have been elected. The respondent opposes it on two grounds:
First. That the charter of the city makes the common council the sole and exclusive judge of the election of its members, and therefore *537the writ cannot issue. The charter (Laws 1874, c. 1, sube. 4, § 2) reads: “The common council shall be the judge of the…
2Cited by11 opinions
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Hawley v. WallaceSupreme Court of Minnesota · 1917
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State ex rel. Diepenbrock v. GatesSupreme Court of Minnesota · 1886
- State ex rel. Jarvis v. CraigSupreme Court of Minnesota · 1907
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