State ex rel. Childs v. Board of Commissioners
Supreme Court of Minnesota
Information in the nature of quo warranto. Laws 1893, c. 143, is unconstitutional, because the subject is not sufficiently expressed in its title. The title is “An act to provide for the creation and organization of new counties,” etc. The act not only provides for the creation and organization of new counties, but for changing the lines of counties already organized.
Read the full summary
Information in the nature of quo warranto. Laws 1893, c. 143, is unconstitutional, because the subject is not sufficiently expressed in its title. The title is “An act to provide for the creation and organization of new counties,” etc. The act not only provides for the creation and organization of new counties, but for changing the lines of counties already organized. The distinction between established and organized counties is clear and definite, and has been recognized since the foundation of the state. State v. McFadden, 23 Minn. 40. Organizing new counties and carving them out of…
1Opinion of the CourtStart, C. J.
This is an information in the nature of quo warranto, whereby the state challenges the corporate existence of the county of Red Lake, which claims to have been created and organized pursuant to Laws 1893, c. 143, as amended by Laws 1895, c. 124.
The facts are admitted, which, so far as here material, are these: On May 8,1896, there were filed in the office of the secretary of state, pursuant to the act referred to, four petitions for the location and organization of four new counties to be known as “Nelson,” “Hill,” “Red Lake,” and “Garfield,” respectively, out of a portion of the territory of…
2Cases cited4 opinions
- City of Winona v. School-District, No. 82Supreme Court of Minnesota · 1889
- State v. HonerudSupreme Court of Minnesota · 1896
- State ex rel. Pennell v. ArmstrongNebraska Supreme Court · 1890
- State ex rel. Childs v. Pioneer Press Co.Supreme Court of Minnesota · 1896
3Cited by10 opinions
- Winters v. City of DuluthSupreme Court of Minnesota · 1901
- State ex rel. Olsen v. Board of Control of State InstitutionsSupreme Court of Minnesota · 1902
- Baart v. MartinSupreme Court of Minnesota · 1906
- State ex rel. Steel v. FabrickNorth Dakota Supreme Court · 1908
- State v. People's Ice Co.Supreme Court of Minnesota · 1914
5 more not listed; retrieve them via the Exa API.