Legal Opinion

State ex rel. Hull v. Davis

Supreme Court of Minnesota

Decided July 15, 1871PublishedCited by 10 opinions

The relator applied to the district court for the county of Steele for an alternative writ of mandamus, which was granted. The respondent appeared and moved to dismiss the writ. This motion was also granted, and the relator appeals from the order granting the same to this court. The only question considered in this court is as to the sufficiency of the affidavit upon which the writ was granted. The facts set forth in the affidavit appear in the opinion of the court.

1Opinion of the Court

*430 By the Court.

McMillan, J.

This is an appeal by the relator from an order of the district court of Steele county dismissing the writ of mandamus.

The objection made to the writ in the court below would seem to have been, that the relator had an adequate remedy at law, but in this court the respondent makes the further ground that the affidavit for the writ does not state facts sufficient to authorize the writ.

The affidavit alleges the making oí a contract between the relator and school district number thirty-nine of Steele county, by which the relator was employed to teach the district school…

2Cited by10 opinions

  1. State ex rel. Citizens' Gas Light Co. v. Mayor of JacksonvilleSupreme Court of Florida · 1886
  2. Ingerman v. State ex rel. ConroyIndiana Supreme Court · 1891
  3. Vukelis v. Virginia Lumber Co.Supreme Court of Minnesota · 1909
  4. Fox v. WorkmanCalifornia Supreme Court · 1909
  5. State ex rel. Lee v. SchaackSupreme Court of Minnesota · 1881

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