Nichols v. Walter
Supreme Court of Minnesota
The plaintiff, a citizen, freeholder, and tax-payer of the county of Lac qui Parle, brought this action in the district court for that county, o restrain the. defendants, who are the county officers, from removing the county-seat from Lac qui Parle to Madison. A temporary writ of injunction was granted by a court commissioner.
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The plaintiff, a citizen, freeholder, and tax-payer of the county of Lac qui Parle, brought this action in the district court for that county, o restrain the. defendants, who are the county officers, from removing the county-seat from Lac qui Parle to Madison. A temporary writ of injunction was granted by a court commissioner. The defendants answered, setting out proceedings had under the provisions •of Laws 1885, c. 272, by which the county-seat was changed from Lac qui Parle to Madison. Plaintiff appeals from an order by Brown, .J., dissolving the injunction. cited City of Topeka v.…
1Opinion of the Court
Gilfillan, C. J".1
In 1881 an amendment to the constitution was .adopted, adding to article 4 two sections, 33 and 34.
“See.-33. The legislature is prohibited from enacting any special •or private laws in the following cases: * * * (5) For changing .any county-seat.
“Sec. 34. The legislature shall provide general laws for the trans.action of any business that may be prohibited by section 1 of this .amendment, (§ 33, art. 4,) and all such laws shall be uniform in their ■operation throughout the state.”
Section 1 of article 11 of the constitution provides: “All laws ■changing county lines in…
2Cases cited1 opinion
- Devine v. Board of CommissionersIllinois Supreme Court · 1877
3Cited by103 opinions
- State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
- Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
- Mathison v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
- Burks v. WalkerSupreme Court of Oklahoma · 1909
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
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