Minnesota Supreme Court, 1917

State ex rel. Village of Buhl v. District Court

State ex rel. Village of Buhl v. District Court
Minnesota Supreme Court · Decided February 23, 1917
136 Minn. 461; 161 N.W. 1055; 1917 Minn. LEXIS 601 (Minnesota Reports)

Counsel

Victor L. Power, T. S. Bean and M. E. Louisell, for relators., Washburn, Bailey & Mitchell and Baldwin, Baldwin & Holmes, for respondents.

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 1942, 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. Village of Buhl v. District Court

Cases that cite this one

4 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

Per Curiam.

Certiorari to review proceedings in the district court of St. Louis county. Respondents move to quash the writ.

The relators are the president, recorder, trustees and treasurer of the village of Buhl. In 1914 the Consumers’ Ore Company brought an action against the village and its officers, which resulted in an injunction against doing certain paving, unless a stated percentage of the cost was assessed against property specially benefited. There was no appeal. On November 8, 1916, an order to show cause was issued in said action which, upon hearing, resulted in an order of December 23, 1916, requiring the relators to call the requisite meetings, give the requisite notices, assess a stated percentage of the cost of paving on benefited property, cause the assessments to be collected, and transmit to the county auditor a statement of unpaid assessments. This order it is sought to review. If it was appealable it cannot be reviewed on certiorari. It was appealable under that portion of G-. S. 1913, § 8001, providing for an appeal from a final order affecting a substantial right made in a special proceeding or upon a summary application in an action after judgment. Therefore certiorari will not lie.

Writ quashed.

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