Legal Opinion

State ex rel. Childs v. Kiichli

Supreme Court of Minnesota

Decided April 27, 1893PublishedCited by 17 opinions

The Attorney General presented to the Chief Justice, of this court on March 24, 1893, an information, and an order was made that a writ of Quo Warranto issue, returnable before the court on April 4th, then next, requiring Joseph L. Kiichli to then and there .show by what warrant he intruded into, held and exercised the office of President of the City Council of the City of Minneapolis.

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The Attorney General presented to the Chief Justice, of this court on March 24, 1893, an information, and an order was made that a writ of Quo Warranto issue, returnable before the court on April 4th, then next, requiring Joseph L. Kiichli to then and there .show by what warrant he intruded into, held and exercised the office of President of the City Council of the City of Minneapolis. The writ was issued and served and the respondent made answer that Alderman Henry W. Brazie was on January 2, 1893, elected president of the council, and acted as such until March 10, 1893. On that day at a…

1Opinion of the CourtMitchell, J.

This is a proceeding in the nature of quo warranto, requiring the respondent “to show cause by what warrant he holds and exercises the office of president of the city council of MLnneapolis.”

It appears that on January 2, 1893, the city council duly elected Henry W. Brazie, one of their members, president of their body; that Brazie entered upon his duties as such, and continued in their exercise until March 10th, when the city council, by resolution, *152declared the office vacant, and then elected the respondent. The contentions of the relator are that (1) the “presidency of the city council” is…

2Cases cited2 opinions

  1. Cochran v. McClearySupreme Court of Iowa · 1867
  2. In re Speakership of the House of RepresentativesSupreme Court of Colorado · 1890

3Cited by17 opinions

  1. Mootz v. BelyeaNorth Dakota Supreme Court · 1931
  2. Oehler v. City of St. PaulSupreme Court of Minnesota · 1928
  3. State ex rel. O'Connor v. TusaNebraska Supreme Court · 1936
  4. Van Cleve v. WallaceSupreme Court of Minnesota · 1944
  5. Gowey v. SiggelkowIdaho Supreme Court · 1963

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