State ex rel. Mansfield v. Mayor of St. Paul
Supreme Court of Minnesota
Certiorari. Upon the respondent’s motion to quash the writ, the following opinion was filed.
1Opinion of the CourtBerry, J.
In re Wilson, 32 Minn. 145, in effect holds that judicial or quasi judicial acts only of municipal officers can be reviewed upon certiorari. The act sought to be reviewed in this case is that of the mayor of the city of St. Paul, purporting to revoke an auctioneer’s license issued by the city authorities to the petitioner.
The city charter (chapter 4, section 3, Mun. Code, St. Paul) authorizes the common council “to license and regulate all auctioneers,” and to “at any time revoke any license granted under this act for malconduct in the course of trade.” As the charter contains no other…
2Cases cited4 opinions
- In re WilsonSupreme Court of Minnesota · 1884
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
- Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
- Phelps v. JohnsonNew York Supreme Court · 1811
3Cited by6 opinions
- Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
- Kinsloe v. PogueIllinois Supreme Court · 1904
- Moede v. County of StearnsSupreme Court of Minnesota · 1890
- State ex rel. Ross v. PoszSupreme Court of Minnesota · 1908
- State ex rel. Holden v. Village of LambertonSupreme Court of Minnesota · 1887
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