Legal Opinion

State ex rel. Simpson v. Village of Alice

Supreme Court of Minnesota

Decided November 4, 1910No. Nos. 16,734—(254)PublishedCited by 21 opinions

Proceeding in the nature of quo warranto against the village of Alice, the president, clerk and trustees of the village, to test the validity of the incorporation of the village. Respondents answered the petition of the relator, and. he demurred to the answer on the ground that it did not state facts sufficient to constitute a defense to the information filed. The substance of the facts, as alleged in the answer or admitted, is given in the opinion.

1Opinion of the Court

Staet, O. J.,

Quo warranto proceedings to test the incorporation of the village of Alice, which claims to be a municipal corporation by virtue of R. L. Supp. 1909, §§ 700 — 704. The statute in form was complied with, and if the facts were sufficient to bring the case within the statute the village is a de jure municipality of the state. The respondents made answer to the petition, to which the relator interposed a general demurrer.

The question for our decision is whether the facts admitted by the demurrer were such as authorized the incorporation of the village by a compliance with the forms…

2Cases cited5 opinions

  1. State v. Minnetonka VillageSupreme Court of Minnesota · 1894
  2. Hunter v. City of TracySupreme Court of Minnesota · 1908
  3. State ex rel. Childs v. Village of Fridley ParkSupreme Court of Minnesota · 1895
  4. State ex rel. Young v. Village of GilbertSupreme Court of Minnesota · 1909
  5. State ex rel. Douglas v. Village of HollowaySupreme Court of Minnesota · 1903

3Cited by21 opinions

  1. Schweigert v. AbbottSupreme Court of Minnesota · 1913
  2. State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951
  3. State ex rel. Simpson v. Village of DoverSupreme Court of Minnesota · 1911
  4. Thorland v. Independent Consolidated School District No. 44Supreme Court of Minnesota · 1956
  5. In Re Certain School Districts, Freeborn CountySupreme Court of Minnesota · 1956

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