State ex rel. Young v. Robinson
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Stearns county, Baxter, J., overruling a demurrer to the complaint. This action will not lie for the reason that there is another adequate and exclusive remedy at law provided for the alleged malfeasance in office by the charter of the city of St. Cloud. The charter is contained in Sp.
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Appeal by defendant from an order of the district court for Stearns county, Baxter, J., overruling a demurrer to the complaint. This action will not lie for the reason that there is another adequate and exclusive remedy at law provided for the alleged malfeasance in office by the charter of the city of St. Cloud. The charter is contained in Sp. Laws 1889, c. 6. Provisions here applicable are: section 11, subc. 2 (p. 136); section 7, subc. 14 (p. 194) ; section 15, subc. 14 (p. 195). R. L. 1905, § 747. Appellant claims that the remedy provided by the •city charter is an exclusive remedy for…
1Opinion of the CourtBrown, J.
This action was brought by the attorney general, under the authority conferred by section 4545, R. D. 1905, for the removal of respondent from the office of mayor of the city of St. Cloud for his alleged malfeasance in office and to recover the penalty provided by section 1562. *282Defendant interposed a general demurrer to the complaint, and appealed from an order overruling it.
Section 1561, R. L. 1905, makes it the duty of the mayor of every municipality in this state, and other public officers named therein, to make ■complaint to the proper magistrate of any known violation of the laws •of the…
2Cases cited14 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- State v. LeeSupreme Court of Minnesota · 1882
- State v. HarrisSupreme Court of Minnesota · 1892
- State ex rel. Attorney General v. MooresNebraska Supreme Court · 1898
- Richards v. ClarksburgWest Virginia Supreme Court · 1887
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3Cited by51 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Willis v. PottsTexas Supreme Court · 1964
- Commonwealth Ex Rel. Minerd v. MargiottiSupreme Court of Pennsylvania · 1936
- Wilentz v. HendricksonNew Jersey Court of Chancery · 1943
46 more not listed; retrieve them via the Exa API.