State ex rel. Martin v. Burnquist
Supreme Court of Minnesota
Upon the relation of James F. Martin the supreme court’ granted its writ of certiorari directed to the Honorable J. A. A. Biirnquist, Governor of the state of Minnesota, and the district court of Dodge county, to review proceedings had in that court for the removal of relator from the office of judge of probate for that county. The Governor of Minnesota has no jurisdiction to remove a judge of probate from office, because a judge of probate is not an “inferior officer.”
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Upon the relation of James F. Martin the supreme court’ granted its writ of certiorari directed to the Honorable J. A. A. Biirnquist, Governor of the state of Minnesota, and the district court of Dodge county, to review proceedings had in that court for the removal of relator from the office of judge of probate for that county. The Governor of Minnesota has no jurisdiction to remove a judge of probate from office, because a judge of probate is not an “inferior officer.” Minn. Const, art. 13, §§ 1, 2. If a judge of probate is an “inferior officer,” within section 2, he can only be removed for…
1Opinion of the CourtBrown, C. J.
Relator was the duly elected, qualified and acting judge of probate in and for the county of Dodge. On January 17, 1918, a petition in due form was duly, presented to respondent as Governor of the state, asking for his removal on the ground of alleged malfeasance in the discharge of his official duties. No neglect of duty or nonfeasance was charged. Subsequent proceedings, which were in all things regular, resulted in an order granting the prayer of the petition and removing relator from his said office. The proceedings and the order of removal were brought to this court for review on a writ…
Also in this document: Per curiam.
2Cases cited8 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- Dullam v. WillsonMichigan Supreme Court · 1884
- State v. WelshSupreme Court of Iowa · 1899
- State ex rel. Kinsella v. EberhartSupreme Court of Minnesota · 1911
- Commonwealth v. WilliamsCourt of Appeals of Kentucky · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- State Ex Rel. Knabb v. FraterWashington Supreme Court · 1939
- State Ex Rel. Olson v. WelfordNorth Dakota Supreme Court · 1935
- State Ex Rel. Birkeland v. ChristiansonSupreme Court of Minnesota · 1930
- State Ex Rel. Decker v. MontagueSupreme Court of Minnesota · 1935
12 more not listed; retrieve them via the Exa API.