State Ex Rel. Burnquist v. Welter
Cited by
- State v. Johnson 811 N.W.2d 136 Minn. Ct. App. 2012
- State v. Chavarria-Cruz 784 N.W.2d 355 Minn. 2010
- State v. Patterson 587 N.W.2d 45 Minn. 1998
- State v. Buggs 581 N.W.2d 329 Minn. 1998
- State v. Bergeron 452 N.W.2d 918 Minn. 1990
- State v. Armstrong 162 N.W.2d 357 Minn. 1968
- State Ex Rel. Riendeau v. Tahash 148 N.W.2d 557 Minn. 1967
- State v. Gulbrandsen 57 N.W.2d 419 Minn. 1953
- The Marckel Co. v. Zitzow 15 N.W.2d 777 Minn. 1944
- State v. Rediker 8 N.W.2d 527 Minn. 1943
Authorities cited
Identified automatically; this list may not be exhaustive.
- State ex rel. Eastland v. Gould 31 Minn. 189
- Goetz v. School-District No. 59 17 N.W. 276
Opinion text
Per Curiam. This matter is before us upon our alternative writ, in the nature of quo warranto, to test the right of respondents to hold respectively the offices of judge and clerk of the municipal court for the village of Perham. The attempt to establish that court was made by Ex. Sess. L. 1933-1934, c. 35. Minn. Const. art. 6, § 1, requires a two-thirds vote of *500 the legislature to establish such a court. It appears from the journal of the senate, Senate Journal, Ex. Sess. 1933-1931, page 291, that the bill in question did not have on its supposed passage the favorable vote of two-thirds of the senate. (It had the affirmative vote of only 10 out of 67 members of the senate.) Therefore it never became law and is a nullity. State ex rel. Eastland v. Gould, 31 Minn. 189 , 17 N. W. 276 . Therefore a writ of ouster must issue. So ordered.