State ex rel. Smallwood v. Windom
Supreme Court of Minnesota
Upon the relation of William H. Smallwood this court granted its writ of quo warranto directed to William L. Windom. Eespondent filed his answer and prayed that the writ be discharged and the state by the attorney general and the relator filed a reply to the answer of respondent. A referee was appointed and the testimony taken before him was returned to the court.
1ConcurrenceHallam, J.
I concur in the result.
I do not concur in the proposition that the provisions of the Duluth charter that a municipal judge shall hold over after the expiration of his term until his successor is elected and qualified, is wholly void because the term and the hold-over period together might exceed the constitutional limit of seven years in the contingency of failure of election and qualification of a successor within that time. The hold-over provision is valid, except insofar as it conflicts with the Constitution. The conflict is as to any excess over seven years, and the provision is void only…
2Cases cited10 opinions
- Taylor v. SullivanSupreme Court of Minnesota · 1891
- Sinking Fund Commissioners v. GeorgeCourt of Appeals of Kentucky · 1898
- State ex rel. Bray v. LongMontana Supreme Court · 1898
- Farrell v. City of BridgeportSupreme Court of Connecticut · 1877
- County of Scott v. RingSupreme Court of Minnesota · 1882
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