State ex rel. Fischer v. Berg
Supreme Court of Minnesota
Upon the relation of Fred J. Fischer this court granted its alternative writ of mandamus, directed to John A. Berg, as county auditor of Wright county, requiring him to accept relator’s petition and file and place his name on the official primary ballot of Wright county as a candidate for the office of county treasurer at the primary election to be held in June, 1916, or show cause why he had not done so.
1Opinion of the Court
Dibell, C.
Order issued by tins court pursuant to G. S. 1913, §357 (R. L. 1905, § 202), directed to the county auditor of Wright county, requiring him to accept the filing of the petitioner as a candidate for the office of county treasurer at the June, 1916, primary, or show cause to the contrary.
The incumbent was elected' in 1914 for the term commencing on the first Monday in January, 1915. If his term is two years his successor will be elected in November, 1916. If it is four years a county treasurer will not be elected then. The statute of 1913 (Laws 1913, p. 668, c. 458), so far as here…
2Cases cited5 opinions
- Jordan v. BaileySupreme Court of Minnesota · 1887
- State ex rel. Smallwood v. WindomSupreme Court of Minnesota · 1915
- State ex rel. Lull v. FrizzellSupreme Court of Minnesota · 1884
- Spencer v. GriffithSupreme Court of Minnesota · 1898
- State ex rel. Abel v. BergSupreme Court of Minnesota · 1916
3Cited by2 opinions
- Winget v. HolmSupreme Court of Minnesota · 1932
- State Ex Rel. Evens v. BorgenSupreme Court of Minnesota · 1933