State ex rel. Klemer v. City Recorder
Supreme Court of Minnesota
Upon the relation of Frank H. Klemer the district court for Rice county granted its alternative writ of mandamus directing the city recorder of the city of Faribault to act upon a petition demanding the recall and removal of George L. Smith,^ as mayor of that city, and certify the same to be sufficient, and immediately thereafter submit the same to the council of the city as by the charter thereof provided.
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Upon the relation of Frank H. Klemer the district court for Rice county granted its alternative writ of mandamus directing the city recorder of the city of Faribault to act upon a petition demanding the recall and removal of George L. Smith,^ as mayor of that city, and certify the same to be sufficient, and immediately thereafter submit the same to the council of the city as by the charter thereof provided. The matter was heard before Childress, J., who made findings and ordered a peremptory writ to issue. From an order denying his motion for a new trial, respondent appealed.
1Per curiam
A petition for the recall of the mayor of Faribault was filed with the city recorder of that city July 24, 1914. The recorder, after an examination of the names of the signers attached his certificate that the petition was insufficient. This mandamus proceeding was brought to compel the recorder to certify the petition to be sufficient and to submit the same to the council of the city. After a trial, the court filed its decision directing a peremptory writ to issue. A new trial was denied, and defendant appealed to this court.
The motion to dismiss the appeal must be granted. It is a moot…
2Cases cited2 opinions
- Anderson v. Village of LouisbergSupreme Court of Minnesota · 1913
- Hansen v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1914
3Cited by15 opinions
- Barnes v. MacKenSupreme Court of Minnesota · 1958
- Village of Savage v. Minnesota Municipal CommissionSupreme Court of Minnesota · 1970
- First Nat. Bank of Madison v. KolbeckWisconsin Supreme Court · 1945
- Moore v. McDonaldSupreme Court of Minnesota · 1925
- Cavadini v. LarsonWisconsin Supreme Court · 1933
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