State ex rel. Wetzel v. Tracy
Supreme Court of Minnesota
John Wetzel and Michael Eyan presented to this court on October 15, 1891, their information, duly verified, stating that thirty persons, claiming to be residents and legal voters, filed a petition June 1, 1891, with the board of county commissioners of Hennepin county, asking that certain territory in that county be incorporated under the name of Village of Minneapolis Park, pursuant to Laws 1885, ch. 145, as amended; that the proceedings had thereon were irregular in…
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John Wetzel and Michael Eyan presented to this court on October 15, 1891, their information, duly verified, stating that thirty persons, claiming to be residents and legal voters, filed a petition June 1, 1891, with the board of county commissioners of Hennepin county, asking that certain territory in that county be incorporated under the name of Village of Minneapolis Park, pursuant to Laws 1885, ch. 145, as amended; that the proceedings had thereon were irregular in numerous particulars, and the attempted incorporation invalid; ■that respondent Harmon G. Tracy had usurped the office of…
1Opinion of the CourtYanderburgh, J.
This is an information in the nature of quo warranto, brought at the instance and upon the petition of the relators, private persons, to test the validity of the incorporation of the village of Minneapolis Park. In the case of State v. Parker, 25 Minn. 218, which was an action brought by the attorney general in the district court, under 1878 G. S. ch. 79, it was held that the question whether a certain office could be lawfully exercised in a particular district might be determined in a suit of that character, directly against the party who was alleged to be usurping the functions of such…
2Cases cited10 opinions
- Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- State v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1874
- People ex rel. Jones v. North Chicago Railway Co.Illinois Supreme Court · 1878
- People Ex Rel. Kingsland v. . ClarkNew York Court of Appeals · 1877
- State ex rel. Steelman v. VickersSupreme Court of New Jersey · 1889
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3Cited by13 opinions
- Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
- State ex rel. Childs v. Board of County CommissionersSupreme Court of Minnesota · 1896
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State ex rel. Byrne v. WilcoxNorth Dakota Supreme Court · 1902
- State ex rel. Dowdall v. DahlSupreme Court of Minnesota · 1897
8 more not listed; retrieve them via the Exa API.