State ex rel. Lindholm v. Parker
Supreme Court of Minnesota
The attorney general on behalf of the state, and on the relation of a citizen and tax-payer of Big Stone county, brought these actions in the district court for Stevens, Big Stone and Traverse counties, to oust and exclude the defendant in the first action from the office of county auditor, and the defendant in the second action from the office of clerk of the district court, of the county of Big Stone.
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The attorney general on behalf of the state, and on the relation of a citizen and tax-payer of Big Stone county, brought these actions in the district court for Stevens, Big Stone and Traverse counties, to oust and exclude the defendant in the first action from the office of county auditor, and the defendant in the second action from the office of clerk of the district court, of the county of Big Stone. A jury was waived, and the actions tried before Brown, J., upon whose findings judgments were entered in each case in favor of the defendant, and the plaintiff appealed. The facts, as found by…
1Opinion of the CourtGileillan, C. J.
These two cases are in the nature of quo warranto, one to determine the right of A. J. Parker to hold and exercise the duties of the office of county auditor in the county of Big Stone, the other, to determine the right of F. A. Parker to hold and exercise the duties of the office of clerk of the district court, in the same county. The general question presented is, whether the county of Big Stone is an organized county, and entitled to have a county auditor and clerk of the district court.
*218The defendants make the preliminary objection, that the action will not lie, for the reason that before…
2Cases cited3 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- The People v. . CarpenterNew York Court of Appeals · 1861
- State ex rel. Slipp v. McFaddenSupreme Court of Minnesota · 1876
3Cited by13 opinions
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State Ex Rel. Larson v. MorrisonNebraska Supreme Court · 1952
- People ex rel. Saunier v. StrattonSupreme Court of Colorado · 1905
- State ex rel. Summers v. UridilNebraska Supreme Court · 1893
- People ex rel. Attorney-General v. StanfordCalifornia Supreme Court · 1888
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