State ex rel. Shissler v. Porter
Supreme Court of Minnesota
On April 14, 1893, Ira P. Shissler, presented in this court his petition stating in substance that on April 4, 1893, he was elected Judge of the Municipal Court of Mankato, a court created by Sp. Laws 1885, ch. 119. That he had received a certificate of election and had qualified as Municipal Judge, but was prevented by Jerome E. Porter, the prior incumbent, from taking possession of the office.
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On April 14, 1893, Ira P. Shissler, presented in this court his petition stating in substance that on April 4, 1893, he was elected Judge of the Municipal Court of Mankato, a court created by Sp. Laws 1885, ch. 119. That he had received a certificate of election and had qualified as Municipal Judge, but was prevented by Jerome E. Porter, the prior incumbent, from taking possession of the office. A writ of Quo Warranto issued, and the respondent showed cause April 25, 1893. The Act creating the court provided that the Municipal Judge should hold his office for the term of three years. Porter…
1Opinion of the CourtCollins, J.
The relator seeks by this proceeding to obtain immediate possession of the office of judge of the municipal court of the city of Mankato; he having been elected to that office at the city election held April 4, 1893. His claim is that the term of office of the respondent — who was last elected to the same office at the election held in 1891, duly qualified, and has since discharged the duties — expired on Monday, the 10th day of April, 1893. The question is whether the respondent’s term of office is two or three years.
The facts are that the city of Mankato was chartered and organized long…
2Cases cited2 opinions
- State v. CassidySupreme Court of Minnesota · 1875
- State ex rel. Rice v. SmithSupreme Court of Minnesota · 1886
3Cited by9 opinions
- Watkins v. BigelowSupreme Court of Minnesota · 1904
- Flynn v. Little Falls Electric & Water Co.Supreme Court of Minnesota · 1898
- State ex rel. Young v. Standard Oil Co.Supreme Court of Minnesota · 1910
- Jackson v. Board of EducationSupreme Court of Minnesota · 1910
- Megins v. City of DuluthSupreme Court of Minnesota · 1906
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