Weber v. Timlin
Supreme Court of Minnesota
The plaintiffs, tax-payers of Murray county, brought this action in the district court for that county, to restrain the defendants, who are the county officers of the county, from taking proceedings for the holding of an election for the removal of the county-seat, in accordance with the provisions of Laws 1885, c. 272. The defendants appeal from an order by Perkins, J., overruling a demurrer to the complaint.
1Opinion of the Court
Gtleillan, C. J.1
The main question in this case — the only one that the parties are particularly interested in having decided — is disposed of in the case of Nichols v. Walter, ante, p. 264, the opinion in which is filed at the same time with this. But although the act of the legislature under which the defendants, as county commissioners, are charged by the complaint with being about to order an election or a removal of the county-seat, is invalid, yet the complaint does not make a case for an injunction, for the statute providing a mode for contesting elections furnishes a full remedy…
2Cited by5 opinions
- Duggan v. City of EmporiaSupreme Court of Kansas · 1911
- Ahlquist v. Commonwealth Electric Co.Supreme Court of Minnesota · 1935
- Repsold v. Independent School District No. 8Supreme Court of Minnesota · 1939
- Consolidated School District No. 30 v. ChristisonSupreme Court of Minnesota · 1926
- Ellingham v. DyeIndiana Supreme Court · 1912