Legal Opinion

State ex rel. Waitt v. Hill

Supreme Court of Minnesota

Decided July 7, 1884PublishedCited by 8 opinions

Mandamus. Sp. Laws 1883, c. 3, § 8, approved February 27, 1883, and which is amendatory of the charter of the city of Minneapolis, provides that “each alderman shall be entitled to an annual salary of $300, and in addition thereto, members of the board of equalization of taxes, and aldermen acting as judges of election, may be given compensation for such special services.” Prior to the passage of this act, the charter provided (Sp.

Read the full summary

Mandamus. Sp. Laws 1883, c. 3, § 8, approved February 27, 1883, and which is amendatory of the charter of the city of Minneapolis, provides that “each alderman shall be entitled to an annual salary of $300, and in addition thereto, members of the board of equalization of taxes, and aldermen acting as judges of election, may be given compensation for such special services.” Prior to the passage of this act, the charter provided (Sp. Laws 1881, e. 76, sube. 3, § 27,) that “aldermen shall receive from the city compensation not exceeding $ 100 per year. ” The city council of the city of…

1Opinion of the CourtDickinson, J.

Neither from the terms of the amendatory act of' 1883, nor from the nature of the legislation, is it apparent that that act was intended to operate retroactively. It must therefore be construed as having effect only prospectively. State v. Waholz, 28 Minn. 114; Wilson v. Red Wing School-dist., 22 Minn. 488; Giles v. Giles, Id. 348. Therefore the relator was not entitled, as salary for that part-of the official year which preceded the passage of that act, to the increased compensation therein provided. By its terms the act was to take effect and be in force from and after its passage. It…

2Cases cited2 opinions

  1. Wilson v. Red Wing School DistrictSupreme Court of Minnesota · 1876
  2. State v. WaholzSupreme Court of Minnesota · 1881

3Cited by8 opinions

  1. State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
  2. State ex rel. Diebold Safe & Lock Co. v. GetchellNorth Dakota Supreme Court · 1893
  3. Dexner v. HoughtonSupreme Court of Minnesota · 1922
  4. State Ex Rel. Brenner v. HodappSupreme Court of Minnesota · 1951
  5. Builders Ltd. Mutual Liability Insurance v. Compensation Insurance BoardSupreme Court of Minnesota · 1922

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API