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State Ex Rel. Clinton Falls Nursery Co. v. County of Steele

Supreme Court of Minnesota

Decided October 31, 1930No. 28,083PublishedCited by 40 opinions

1Opinion of the CourtWilson, C. J.

The appeal is from an order sustaining a demurrer to an alternative writ of mandamus to compel the board of county commissioners of Steele county to act upon a petition to have relators’ lands attached to certain school districts and the existing bonded indebtedness affecting such lands prorated all in accordance with L. 1929, p. 177, c. 183. The order was made upon the theory that said law was unconstitutional.

Appellants claim that the constitutionality of a law cannot be raised by a demurrer and say that in order to put in issue the constitutionality of a law it must be specifically and…

2Cases cited39 opinions

  1. Massachusetts v. MellonSupreme Court of the United States · 1923
  2. Threadgill v. Cross, Secretary of StateSupreme Court of Oklahoma · 1910
  3. Woodall v. DarstWest Virginia Supreme Court · 1912
  4. Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
  5. State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870

34 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Lockyer v. City and County of San FranciscoCalifornia Supreme Court · 2004
  2. Lee v. DelmontSupreme Court of Minnesota · 1949
  3. Patterson v. Stanolind Oil & Gas Co.Supreme Court of Oklahoma · 1938
  4. State Ex Rel. Johnson v. BakerNorth Dakota Supreme Court · 1945
  5. State Ex Rel. Smith v. HavelandSupreme Court of Minnesota · 1946

35 more not listed; retrieve them via the Exa API.

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