Legal Opinion

State ex rel. Babcock v. Black

Supreme Court of Minnesota

Decided December 21, 1875PublishedCited by 9 opinions

Alternative writ of mandamus from this court, directed to the respondent as auditor of Hennepin county, and commanding him to issue to the relator a certificate of election as judge of probate for that county. The admitted facts of the case, as shown by the writ and answer, are stated in the opinion.

1Opinion of the CourtGilpillan, C. J.

At the general election in November, 1873, Franklin Beebe was elected judge of probate in and for the county of Hennepin, for the term of two years, to commence on the 1st day of Januaiy, 1874. He qualified, and held the office until October 5, 1875, when he resigned. On October 12 E. A. Gove was appointed by the governor to fill the vacancy. At the general election in November, 1875, the people of the county voted for judge of probate, due notice having been given that a judge of probate was to be elected, and the relator received a majority of the votes cast for that office. On his applying…

2Cases cited1 opinion

  1. Crowell v. LambertSupreme Court of Minnesota · 1864

3Cited by9 opinions

  1. Enger v. HolmSupreme Court of Minnesota · 1942
  2. State Ex Rel. Hennepin County Bar Assn. v. AmdahlSupreme Court of Minnesota · 1962
  3. State ex rel. Murphy v. McBrideWashington Supreme Court · 1902
  4. State Ex Rel. Edelstein v. FoleyWashington Supreme Court · 1940
  5. McDonnell v. State ex rel. JonesSupreme Court of Alabama · 1917

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