60 Minn. 132 | Minn. | 1895
The question here is whether the result of a special election held in the city of Duluth, at which it was voted to issue bonds in accordance with the terms of Sp. Laws 1891, c. 55, § 35, can be inquired into and contested under the provisions of Laws 1893, c. 4 (G. S. 1894, §§ 6-205). The notice of contest was served on the mayor and a member of the city council, and at the hearing of an order requiring the city to appear and take part in the selection of three persons to inspect and examine the ballots the district court dismissed the proceeding for want of jurisdiction, the precise point being that the statute of 1893 contains no provision for the contest
The order is reversed, and upon the remanding of the cause to the court below it will proceed with the contest.