Weber v. Timlin

Decided July 25, 1887

Supreme Court of Minnesota · decided 1887-07-25

The plaintiffs, tax-payers of Murray county, brought this action in the district court for that county, to restrain the defendants, who are the county officers of the county, from taking proceedings for the holding of an election for the removal of the county-seat, in accordance with the provisions of Laws 1885, c. 272. The defendants appeal from an order by Perkins, J., overruling a demurrer to the complaint.

Good law ✅— No negative treatment on recordhow we know

Decided 1887-07-25

How this case has been cited

Cited by 4 later decisions — most recently May 1939

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gtleillan, C. J.1

¶1The main question in this case — the only one that the parties are particularly interested in having decided — is disposed of in the case of Nichols v. Walter, ante, p. 264, the opinion in which is filed at the same time with this. But although the act of the legislature under which the defendants, as county commissioners, are charged by the complaint with being about to order an election or a removal of the county-seat, is invalid, yet the complaint does not make a case for an injunction, for the statute providing a mode for contesting elections furnishes a full remedy should the election be held. The order will be reversed, without costs.

¶2Order reversed.

¶3 Berry, J., because of illness, took no part in this case.