State ex rel. Kinsella v. Eberhart
Supreme Court of Minnesota
Writ of certiorari, directed to Honorable Adolph O. Eberhart, Governor of the state of Minnesota, to review his action in removing John Kinsella from the office of county attorney of Lake county for nonfeasance and malfeasance in office.
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Writ of certiorari, directed to Honorable Adolph O. Eberhart, Governor of the state of Minnesota, to review his action in removing John Kinsella from the office of county attorney of Lake county for nonfeasance and malfeasance in office. The Governor appeared specially, and made return to the writ, reserving however all rights guaranteed or appertaining to the office of Governor of the state of Minnesota, and on all the- records and files moved for an order quashing the writ for the reasons (1) the court did not have jurisdiction either of the subject-matter, or the person of respondent, to…
1Opinion of the CourtLewis, J.
In response to a petition filed in the office of the Governor, charging relator with malfeasance and nonfeasance in the office of county attorney of Lake county, a special commissioner was appointed under the provisions of section 2668, R. L. 1905, the evidence was taken and reported, and relator was removed from office by the Governor. Thereupon relator sued out a writ of certiorari, directed to the Governor, requiring him to return and certify to this court all the files and proceedings in the matter, to the end that his action be reviewed. Without admitting the jurisdiction of the court,…
2Cases cited15 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Cooke v. IversonSupreme Court of Minnesota · 1909
- State ex rel. Board of County Commissioners v. DunnSupreme Court of Minnesota · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State Ex Rel. Ging v. Board of EducationSupreme Court of Minnesota · 1942
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- State Ex Rel. Summerfield v. MaxwellWest Virginia Supreme Court · 1964
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
23 more not listed; retrieve them via the Exa API.