Olson v. Honett
Supreme Court of Minnesota
Upon the relation of Erie Olson and Charles Freberg the district court for Martin county granted its alternative writ of mandamus, directed to the members of the town board of the township of Lake Eremont, commanding the board immediately to repair and place in suitable and passable condition for the use of the general traveling public the public roads and parts of roads described therein, or show cause why they had not done so.
Read the full summary
Upon the relation of Erie Olson and Charles Freberg the district court for Martin county granted its alternative writ of mandamus, directed to the members of the town board of the township of Lake Eremont, commanding the board immediately to repair and place in suitable and passable condition for the use of the general traveling public the public roads and parts of roads described therein, or show cause why they had not done so. From an order overruling the demurrer of defendants to the relation of plaintiffs and to the writ, and denying their motion to quash the writ, Nelson, J., defendants…
1Opinion of the CourtHolt, J.
The defendants, composing the town board of the town of Lake Fremont, Martin county, demurred to the petition of plaintiffs and the alternative writ of mandamus issued thereon, on the ground that the facts stated in the petition and writ did not constitute a cause of action. The court overruled the demurrer, and certified that the questions presented were important and doubtful.
Appellants assert that the petition and writ should have been directed against the town and not against the individuals of the town board. Section 8266, G. S. 1913, provides: “The writ of mandamus may be issued to any…
Also in this document: Per curiam.
2Cases cited9 opinions
- State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- State ex rel. Schwartzkopf v. City Council of BrainerdSupreme Court of Minnesota · 1913
- State ex rel. Cutter v. KammanIndiana Supreme Court · 1898
- People ex rel. Burke v. Mayor of BloomingtonIllinois Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Laurisch v. PohlSupreme Court of Minnesota · 1943
- State Ex Rel. South St. Paul v. HetheringtonSupreme Court of Minnesota · 1953
- Zion Evangelical Lutheran Church of Detroit Lakes v. City of Detroit LakesSupreme Court of Minnesota · 1945
- Romsdahl v. Town of Long LakeSupreme Court of Minnesota · 1928
- Powell v. Township of CarlosSupreme Court of Minnesota · 1929
5 more not listed; retrieve them via the Exa API.