State ex rel. McCarthy v. Fitzgerald
Supreme Court of Minnesota
Quo warranto. Upon the return of the writ the matter was heard upon respondent’s demurrer to the information. The information,, after setting out the legislation referred to in the opinion, alleged that after the passage of the act of 1887 an annual town meeting was held, on March 8, 1887, in the borough of Belle Plaine, at the place designated, prior to the passage of the act of 1887, for the holding of the-annual election of the town, and at such town meeting an election…
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Quo warranto. Upon the return of the writ the matter was heard upon respondent’s demurrer to the information. The information,, after setting out the legislation referred to in the opinion, alleged that after the passage of the act of 1887 an annual town meeting was held, on March 8, 1887, in the borough of Belle Plaine, at the place designated, prior to the passage of the act of 1887, for the holding of the-annual election of the town, and at such town meeting an election was. held, at which the respondent was elected to the office of town clerk; that a portion of the voters of the town,…
1Opinion of the CourtBeery, J.
In 1868 the borough of Belle Plaine was carved out of the towu of Belle Plaine, and for certain municipal purposes clothed with a distinct corporate existence; but for others, including the election of town officers, it remained part of the town. Sp. Laws 1868, c. 36, § 24; Bannon v. Bowler, 34 Minn. 416, (26 N. W. Rep. 237.) As a general rule, every organized town is one election district or' precinct. Gen. St. 1878, c. 1, § 2.
Under the general statute, the only place for holding the annual-town meeting for the town of Belle Plaine for 1887 was at the place where the last preceding annual…
2Cases cited1 opinion
- Bannon v. BowlerSupreme Court of Minnesota · 1886
3Cited by9 opinions
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- Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
- State ex rel. Childs v. HolmanSupreme Court of Minnesota · 1894
- Iowa Mutual Tornado Insurance v. GilbertsonSupreme Court of Iowa · 1906
- Kansas City Sewer Pipe Co. v. SmithCourt of Appeals of Kansas · 1889
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