Legal Opinion

State Ex Rel. Bergin v. Washburn

Supreme Court of Minnesota

Decided June 27, 1947No. 34,510PublishedCited by 21 opinions

1Opinion of the Court

Julius J. Olson, Justice.

The court commissioner of Hennepin county died May 14, 1947, thereby creating a vacancy in that office. On May 19, the judges of the district court of that county appointed respondent, Betty W. Washburn, to fill the vacancy. On May 20, the board of county commissioners appointed relator, Tom Bergin. Each appointee promptly qualified by filing with the register of deeds the official bond and oath of office, and each claims to be entitled to fill the vacancy. Therefore, the question is which body had the authority to make the appointment.

Relator claims that L. 1913, c.…

2Cases cited5 opinions

  1. Wenger v. WengerSupreme Court of Minnesota · 1937
  2. In Re Estate of CravensSupreme Court of Minnesota · 1929
  3. State Ex Rel. Mergens v. BabcockSupreme Court of Minnesota · 1928
  4. Pierce v. Grand Army of the RepublicSupreme Court of Minnesota · 1947
  5. State Ex Rel. Evens v. BorgenSupreme Court of Minnesota · 1933

3Cited by21 opinions

  1. Western Union Telegraph Co. v. SpaethSupreme Court of Minnesota · 1950
  2. Mankato Citizens Telephone Co. v. Commissioner of TaxationSupreme Court of Minnesota · 1966
  3. State v. GalatiSouth Dakota Supreme Court · 1985
  4. Welscher v. MyhreSupreme Court of Minnesota · 1950
  5. State Ex Rel. Bergin v. FitzsimmonsSupreme Court of Minnesota · 1948

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