Legal Opinion

Dayton v. City of St. Paul

Supreme Court of Minnesota

Decided February 18, 1876PublishedCited by 18 opinions

Oertiorari to the court of common pleas of Ramsey county, in which court a judgment had been rendered against certain land of the • plaintiff for the amount of an assessment for a local improvement in the city of St. Paul. The sole ground on which it was sought to reverse the judgment was that the amendment to Const, art. 9, § 1, upon which depended the validity of Sp.

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Oertiorari to the court of common pleas of Ramsey county, in which court a judgment had been rendered against certain land of the • plaintiff for the amount of an assessment for a local improvement in the city of St. Paul. The sole ground on which it was sought to reverse the judgment was that the amendment to Const, art. 9, § 1, upon which depended the validity of Sp. Laws 1871, ch. 32, under which the proceedings were had which resulted in the judgment, was not properly ratified by the people, “ because a majority of all the voters present and voting at the election at which the question of…

1Opinion of the CourtGtlfillan, C. J.

The court below could have jurisdiction to proceed against the property in question only by virtue of acts of the legislature passed upon authority, ivithheld by the original constitution, but given to the legislature by the amendment to § "1, art. 9, of the constitution, adopted November 2, 1869 ; therefore, the validity of those acts, and of the amendment under which they were adopted, necessarily comes in question. Those acts are, so far as the questions raised in this case are concerned, valid, if that amendment is a part of the constitution ; and whether it is a part of the constitution…

2Cases cited1 opinion

  1. Taylor v. TaylorSupreme Court of Minnesota · 1865

3Cited by18 opinions

  1. Ellingham v. DyeIndiana Supreme Court · 1912
  2. Gottstein v. ListerWashington Supreme Court · 1915
  3. State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
  4. McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
  5. People v. Board of State CanvassersMichigan Supreme Court · 1949

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