Legal Opinion

State ex rel. Luley v. Simons

Supreme Court of Minnesota

Decided December 18, 1884PublishedCited by 46 opinions

Application for a writ of prohibition to the judges of the district ■court for Eamsey county. The cause was heard upon the return of the judges to the order to show cause, which return was adopted by the parties instituting the proceeding sought to be restrained.

1Opinion of the CourtMitchell, J.

This is an application for a writ of prohibition to restrain the respondent, a judge of the district court, from further action in proceedings now pending before him for the incorporation *541of certain territory as a village under’the provisions of chapter 73, Gen. Laws 1883. The contention of the relator is that the act referred to is unconstitutional, because it assumes to delegate purely legislative powers to the district courts or the judges thereof. Section 3 of this act- provides that any district, sections, or parts of sections which have been duly surveyed and platted into lots and…

2Cases cited3 opinions

  1. People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
  2. State ex rel. Hahn v. YoungSupreme Court of Minnesota · 1881
  3. City of Galesburg v. HawkinsonIllinois Supreme Court · 1874

3Cited by46 opinions

  1. State Ex Rel. Ging v. Board of EducationSupreme Court of Minnesota · 1942
  2. In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
  3. State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
  4. Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
  5. Schweigert v. AbbottSupreme Court of Minnesota · 1913

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