Cited by
Opinions in Minnesota that cite In Re Order of Sammons, Co. Superintendent of Schools, 242 Minn. 345.
- Starr v. Gross 431 N.W.2d 911 Minn. Ct. App. 1988
- Matter of Contest of School D. Election 431 N.W.2d 911 Minn. Ct. App. 1988
-
Starr v. Gross
431 N.W.2d 911
Minn. Ct. App. 1988
at 268-69, d at 9 (quoting Erickson v. Sammons, 242 Minn. 345, 350 , ).
-
Matter of Contest of School D. Election
431 N.W.2d 911
Minn. Ct. App. 1988
at 268-69, d at 9 (quoting Erickson v. Sammons, 242 Minn. 345, 350 , ).
- Greenly v. Independent School Dist. No. 316 395 N.W.2d 86 Minn. Ct. App. 1986
-
Greenly v. Independent School Dist. No. 316
395 N.W.2d 86
Minn. Ct. App. 1986
In the absence of fraud or bad faith or constitutional violation, an election will not be invalidated by minor irregularities, including statutory violations, if the election nonetheless “resulted in a free and fair expression of the will of the voters on the merits.” Erickson v. Sammons, 242 Minn. 345, 350 , quoted in Green v. Independent Consolidated School District # 1, 252 Minn. 36, 44 , -18 (1958).
- Hahn v. Graham 225 N.W.2d 385 Minn. 1975
-
Hahn v. Graham
225 N.W.2d 385
Minn. 1975
That rule and its rationale were fully stated in In re Order of Sammons, County Superintendent of Schools, 242 Minn. 345, 350 , where we said: “* * * After an election has been held, the statutory regulations are generally construed as directory and such rule of construction is in accord with the policy of this state, which from its beginning has been that, in the absence of fraud or bad faith or constitutio
- Quast v. Knutson 150 N.W.2d 199 Minn. 1967
-
Quast v. Knutson
150 N.W.2d 199
Minn. 1967
Decisions of this court considered in arriving at our decision include: Hamilton v. Village of Detroit, 85 Minn. 83 , ; Schweigert v. Abbott, 122 Minn. 383 , ; In re Order of Sammons, 242 Minn. 345 , 65 N. W. (2d) 198 ; In re Certain School Dists., Freeborn County, 246 Minn. 96 , 74 N. W. (2d) 410 ; State ex rel.
- Munnell v. Rowlette 145 N.W.2d 531 Minn. 1966
-
Munnell v. Rowlette
145 N.W.2d 531
Minn. 1966
* * * [Citing In re Order of Sammons, 242 Minn. 345 , 65 N. W. (2d) 198 .]
- Lindahl v. Independent School District No. 306 133 N.W.2d 23 Minn. 1965
-
Lindahl v. Independent School District No. 306
133 N.W.2d 23
Minn. 1965
No. 1, 252 Minn. 36 , 89 N. W. (2d) 12 ; In re Order of Sammons, County Superintendent of Schools, 242 Minn. 345 , 65 N. W. (2d) 198 ; State ex rel.
- Bakken v. Schroeder 130 N.W.2d 579 Minn. 1964
-
Bakken v. Schroeder
130 N.W.2d 579
Minn. 1964
of Schools, 242 Minn. 345, 349 , 65 N. W. (2d) 198, 202 .
- Walters v. Common School Districts Nos. 2550, 2551, 2583, & 2585 121 N.W.2d 605 Minn. 1963
-
Walters v. Common School Districts Nos. 2550, 2551, 2583, & 2585
121 N.W.2d 605
Minn. 1963
sential to the validity of an election, will be regarded as mandatory if the acts in question affect the merits of the election, and as directory if they do’ not affect its merits.” In the instant case, where it appears that failure to comply with statutory requirements could not have affected the result of the election, the rule stated in In re Order of Sammons, County Superintendent of Schools, 242 Minn. 345, 349 , 65 N. W. (2d) 198, 202 , is applicable: “It is the general rule that, before an
- Rolvaag v. Donovan 119 N.W.2d 1 Minn. 1962
- In Re Application of Andersen 264 Minn. 257 Minn. 1962
-
In Re Application of Andersen
264 Minn. 257
Minn. 1962
[2] In In re Order of Sammons, County Superintendent *268 of Schools, 242 Minn. 345, 349 , 65 N.W.
-
Rolvaag v. Donovan
119 N.W.2d 1
Minn. 1962
2 In In re Order of Sammons, County Super *268 intendent of Schools, 242 Minn. 345, 349 , 65 N. W. (2d) 198, 201 , involving a school election, we stated this rule as follows: “* * * The question of the validity or invalidity of a school consolidation is not solved, however, merely by finding that the statutory violations were unjustifiable since the purpose of the litigation is not to punish a few
- State Ex Rel. Town of White Bear v. City of White Bear Lake 95 N.W.2d 294 Minn. 1959
-
State Ex Rel. Town of White Bear v. City of White Bear Lake
95 N.W.2d 294
Minn. 1959
e of a departure from the statutory regulations governing the conduct of the election except in those cases where the legislature has clearly and unequivocally expressed an intent that a specific statutory provision is an essential jurisdictional prerequisite and that a departure therefrom shall have the drastic consequence of invalidity.” In re Order of Sammons, County Superintendent of Schools, 242 Minn. 345, 350 , 65 N. W. (2d) 198, 202 .
- State Ex Rel. Helling v. Independent Consolidated School District No. 160 92 N.W.2d 70 Minn. 1958
-
State Ex Rel. Helling v. Independent Consolidated School District No. 160
92 N.W.2d 70
Minn. 1958
In In re Order of Sammons, County Superintendent of Schools, 242 Minn. 345, 349 , 65 N. W. (2d) 198, 202 , we said: “It is the general rule that, before an election is held, statutory provisions regulating the conduct of the election will usually be treated as mandatory and their observance may be insisted upon and enforced.
- Green v. Independent Consolidated School District No. 1 89 N.W.2d 12 Minn. 1958
-
Green v. Independent Consolidated School District No. 1
89 N.W.2d 12
Minn. 1958
6 In re Order of Sammons, County Superintendent of Schools, 242 Minn. 345, 350 , 65 N. W. (2d) 198, 202 ; State ex rel.
- In Re Contest of Election of Vetsch 71 N.W.2d 652 Minn. 1955
-
In Re Contest of Election of Vetsch
71 N.W.2d 652
Minn. 1955
of Schools, 242 Minn. 345, 350 , 65 N.W.
- State Ex Rel. School District No. 56 v. Schmiesing 66 N.W.2d 20 Minn. 1954
-
State Ex Rel. School District No. 56 v. Schmiesing
66 N.W.2d 20
Minn. 1954
The policy followed in this state has been clearly stated in the recént case of In re Order of Sammons, County Superintendent of Schools, Cottonwood County, 242 Minn. 345, 349 , 65 N. W. (2d) 198, 202 , where Mr. Justice Matson, speaking for the court said: “It is the general rule that, before an election is held, statutory provisions regulating the conduct of the election will usually be treated as mandatory and their observance may be insisted upon and enforced.