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State ex rel. Klemer v. City Recorder

STATE ex rel. FRANK H. KLEMER v. CITY RECORDER OF CITY OF FARIBAULT and Another

State ex rel. Klemer v. City Recorder, 152 N.W. 654 (Minn. 1915)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
May 14, 1915
Docket
No. 19,107-(60)
Citations
152 N.W. 654129 Minn. 5351915 Minn. LEXIS 761
Disposition
Appeal dismissed.
Headnotes
Moot case. Motion to dismiss appeal gránted because a moot case. [Reporter.]
Summary
Upon the relation of Frank H. Klemer the district court for Rice county granted its alternative writ of mandamus directing the city recorder of the city of Faribault to act upon a petition demanding the recall and removal of George L. Smith,^ as mayor of that city, and certify the same to be sufficient, and immediately thereafter submit the same to the council of the city as by the charter thereof provided. The matter was heard before Childress, J., who made findings and ordered a peremptory writ to issue. From an order denying his motion for a new trial, respondent appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

A petition for the recall of the mayor of Faribault was filed with the city recorder of that city July 24, 1914. The recorder, after an examination of the names of the signers attached his certificate that the petition was insufficient. This mandamus proceeding was brought to compel the recorder to certify the petition to be sufficient and to submit the same to the council of the city. After a trial, the court filed its decision directing a peremptory writ to issue. A new trial was denied, and defendant appealed to this court.

The motion to dismiss the appeal must be granted. It is a moot case. At an election held April 6, 1915, the mayor sought- to be recalled was defeated, and is out of office. A decision of this case on the merits would benefit no party. No questions of public importance are involved. This court has enough to do-in deciding real controversies. Anderson v. Village of Louisberg, 121 Minn. 528 , 141 N. W. 97 ; Hansen v. Northwestern Tel. Exch. Co. 127 Minn. 522 , 149 N. W. 131 .

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

View all citing references →
1925: 11931: 11932: 11933: 11938: 11939: 11941: 11943: 21945: 11946: 11948: 11958: 11970: 219252026peak 1943 · 2

Relies on it most ⓘ

  1. Barnes v. MacKen90 N.W.2d 222 (Minn. 1958)
  2. Village of Savage v. Minnesota Municipal Commission180 N.W.2d 925 (Minn. 1970)
  3. Moore v. McDonald205 N.W. 894 (Minn. 1925)
  4. McDonald v. Beverage Drivers & Helpers & Warehousemen9 N.W.2d 770 (Minn. 1943)
  5. Dehning v. Marshall Produce Co.10 N.W.2d 229 (Minn. 1943)
  6. In re Township of Glendale, Scott County180 N.W.2d 925 (Minn. 1970)

Most recent

  1. In re Township of Glendale, Scott County180 N.W.2d 925 (Minn. 1970)
  2. Village of Savage v. Minnesota Municipal Commission180 N.W.2d 925 (Minn. 1970)
  3. Barnes v. MacKen90 N.W.2d 222 (Minn. 1958)
  4. Elliott v. Kansas City Life Ins. Co.34 So. 2d 601 (Ala. 1948)
  5. Swanson v. Bennett25 So. 2d 207 (Fla. 1946)
  6. First Nat. Bank of Madison v. Kolbeck19 N.W.2d 908 (Wis. 1945)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Anderson v. Vill. of Louisberg, 141 N.W. 97 (Minn. 1913) 7
Hansen v. Northwestern Tel. Exch. Co., 149 N.W. 131 (Minn. 1914) 6

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