State ex rel. Trebby v. Nichols
Supreme Court of Minnesota
Alternative writ of mandamus issued from the district court for Morrison county to compel defendant, as mayor of the city of Little Falls, to sign a city order for $300, allowed by the city council to relator for his services as city attorney. The case was tried before Searle, J., who found in favor of defendant. From a judgment entered pursuant to the findings, relator appealed.
1Opinion of the CourtCollins, J.
1. Trebby was eligible to the office of city attorney. He had not been admitted to practice as an attorney and counselor, but was a legal voter, qualified to vote for state officers at an election precinct in the city, and as such could become city attorney, in accordance with the express provision of the charter declaring that “all persons qualified to vote * * * shall be eligible to any municipal office herein constituted,” the office of city attorney being among those constituted. It is the fact that among the duties prescribed in the charter to be performed by the city attorney is that of…
2Cases cited1 opinion
- State ex rel. Knappen v. CloughSupreme Court of Minnesota · 1876
3Cited by6 opinions
- State ex rel. Board of County Commissioners v. McKellarSupreme Court of Minnesota · 1904
- State ex rel. Trebby v. VasalySupreme Court of Minnesota · 1906
- State ex rel. Village of Chisholm v. TraskSupreme Court of Minnesota · 1923
- State Ex Rel. Boedigheimer v. WelterSupreme Court of Minnesota · 1940
- Dart v. EricksonSupreme Court of Minnesota · 1933
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