State ex rel. Bazille v. Sullivan
Supreme Court of Minnesota
Mandamus in the district court for Ramsey county against Dennis M. Sullivan, county auditor of that county, to compel him to issue his warrant for the payment of relator’s salary as abstract clerk from December 1, 1897, to April 30, 1898. Respondent answered, and the matter came on for hearing before O. B. Lewis, J. From an order granting the peremptory writ, respondent appealed.
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Mandamus in the district court for Ramsey county against Dennis M. Sullivan, county auditor of that county, to compel him to issue his warrant for the payment of relator’s salary as abstract clerk from December 1, 1897, to April 30, 1898. Respondent answered, and the matter came on for hearing before O. B. Lewis, J. From an order granting the peremptory writ, respondent appealed. It is admitted that Laws 1895, c. 301, which authorizes an increase of relator’s salary to $4,000 per year, is invalid, within the recent case of Simard v. Sullivan, 71 Minn. 517. Hence the only point to be decided…
1Opinion of the CourtCollins, J.
By Sp. Laws 1883, c. 310, the salary of the abstract clerk of Ramsey county was fixed by law, and he was required to turn all fees received from patrons of his office into the county treasury. By Sp. Laws 1885, c. 94, § 3, that officer’s salary was fixed at $3,000 per annum; and it is under this act that he, as relator in this proceeding, demands that respondent county auditor be required to issue his warrant upon the county treasurer for four months’ salary.
By Sp. Laws 1891, c. 440, § 3, it was enacted that such abstract clerk should receive no salary from the county after May 1, following.…
2Cases cited3 opinions
- State ex rel. Anderson v. SullivanSupreme Court of Minnesota · 1898
- Bowe v. City of St. PaulSupreme Court of Minnesota · 1897
- Simard v. SullivanSupreme Court of Minnesota · 1898
3Cited by1 opinion
- State ex rel. Buchanan County v. ImelSupreme Court of Missouri · 1912