Minnesota Supreme Court, 1879

State ex rel. Morgan v. Hard

State ex rel. Morgan v. Hard
Minnesota Supreme Court · Decided January 23, 1879 · Giííeillan
25 Minn. 460; 1879 Minn. LEXIS 27 (Minnesota Reports)

Counsel

A. M. Tyrer, for relator., J. Q. é J. D. Farmer, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1914, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

State ex rel. Morgan v. Hard

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GiííEillan, G. J.

Alternative mandamus to compel the respondent, auditor of Fillmore county, to issue a warrant upon the county treasurer, for the amount certified by the judge of the district court to be due tha relator as court reporter, for transcribing the minutes of evidence in certain cases. It appears that upon the same certificate, and the same demand upon the auditor, proceedings by alternative mandamus were instituted by the relator against the respondent in the district court, and, after a full hearing, the alternative writ was dismissed, not for any technical defect in the writ, but upon a ground which, as the district court held, showed the relator not entitled to relief. That decision was on. the merits of the relator’s claim, and is a bar to this proceeding. If the decision of the district court was erroneous, and its dismissal of the proceedings based on insufficient grounds, the relator’s remedy was by appeal, and not by renewing the proceedings in another -court.

Alternative writ dismissed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.