STATE EX REL. CITY OF NEW PRAGUE v. CTY. OF LE SUEUR, 195 Minn. 119 (1935)

261 N.W. 866

STATE EX REL. CITY OF NEW PRAGUE AND ANOTHER v. COUNTY OF LE SUEUR AND OTHERS.[1]

No. 30,419.Supreme Court of Minnesota.
July 5, 1935.

[1] Reported in 261 N.W. 866.

Case followed.

Mandamus in the district court for Le Sueur county upon the relation of the city of New Prague and Thomas F. Rybak as city treasurer, directed to the county of Le Sueur, its auditor and treasurer. There were findings for respondents, Fred W. Senn, judge of the fifth judicial district acting for the judge of the eighth judicial district, and relators appealed from the judgment entered. Affirmed, following State ex rel. City of New Prague v. County of Scott, 195 Minn. 111, 261 N.W. 863.

Clarence O. Fehling, City Attorney, and Arthur J. Phil Jelinek, for appellants (relators below).

George T. Havel, County Attorney, and Gallagher, Madden Gallagher, for respondents.

PER CURIAM.

This case was argued and submitted with the companion case of the same parties appellants against Scott county and its auditor and treasurer. The decision in the Scott county case, State ex rel. City of New Prague v. County of Scott, 195 Minn. 111, 261 N.W. 863, filed herewith, controls this case and is here followed and applied.

The judgment appealed from is affirmed.

Page 120

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