State Ex Rel. Burnquist v. Welter
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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 1944, among the opinions in this site’s citation index.
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Cases that cite this one
1 later published case cites this decision.
- The Marckel Co. v. Zitzow (Minn. 1944)
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 matter is before us upon our alternative writ, in the nature of quo warranto, to test the right of respondents to hold respectively the offices of judge and clerk of the municipal court for the village of Perham.
The attempt to establish that court was made by Ex. Sess. L. 1933-1934, c. 35. Minn. Const. art. 6, § 1, requires a two-thirds vote of *500 the legislature to establish such a court. It appears from the journal of the senate, Senate Journal, Ex. Sess. 1933-1931, page 291, that the bill in question did not have on its supposed passage the favorable vote of two-thirds of the senate. (It had the affirmative vote of only 10 out of 67 members of the senate.) Therefore it never became law and is a nullity. State ex rel. Eastland v. Gould, 31 Minn. 189, 17 N. W. 276.
Therefore a writ of ouster must issue.
So ordered.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.