State ex rel. Tuttle v. Braden
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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 1951, among the opinions in this site’s citation index.
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Cases that cite this one
6 later published cases cite this decision.
- State Ex Rel. Birkeland v. Christianson (Minn. 1930)
- State ex rel. Burnquist v. District Court Second Judicial District (Minn. 1918)
- Hayne v. Metropolitan Trust Co. (Minn. 1897)
- First National Bank of Mankato v. Wilson (Minn. 1951)
- State ex rel. Kinsella v. Eberhart (Minn. 1911)
- Cooke v. Iverson (Minn. 1909)
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
This case is, in its facts, similar to that of State v. Whitcomb, 28 Minn. 50, (8 N. W. Rep. 902,) the argument being but a reargument of the principal question decided in that case, to wit, the question whether the courts may direct and control the state auditor in the performance of his official acts as commissioner of the land-office. In the case referred to it was decided that they have no jurisdiction to do so. In Chamberlain v. Sibley, 4 Minn. 228, (309,) it was held otherwise in respect to official acts which the court styled “ not necessarily pertaining to the duties of the executive, ” and which (if the law so provided) might as well be done by one officer as another. The court, however, decided, in Rice v. Austin, 19 Minn. 74, (103,) that because the constitution makes the different departments of the government distinct and independent of each other, neither being responsible to the other for the performance of its duties, neither can enforce the performance by the other of its duties; and it was also decided that where a duty, even such as may be called ministerial, is cast by law upon an executive'officer, eo nomine, the performance of it is an official act, although its performance might have been entrusted to some other officer. This has ever since been accepted as the law in this state, and was followed in State v. Dike, 20 Minn. 314, (363;) Western R. Co. v. De Graff, 27 Minn. 1, (6 N. W. Rep. 341,) and the case first referred to. We are still satisfied with the soundness of the doctrine in the cases since that in the 4th.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.