Opinion
No. 30,181.
December 21, 1934.
Case followed.
Mandamus in the district court for St. Louis county upon the relation of Milton Fasteen to require respondent as city clerk of Virginia to certify to the city council two petitions for the recall of one Charles E. Marsh as alderman at large. There were findings in favor of relator, Bert Fesler, Judge, and respondent appealed from an order denying his motion for a new trial. Reversed and remanded, following State ex rel. Fasteen v. Bickford, 193 Minn. 135, 258 N.W. 11.
Luke F. Burns, for appellant (respondent below).
Rosemeier Montague, for respondent (relator below).
This case is companion to State ex rel. Fasteen v. Bickford, as city clerk of the city of Virginia, 193 Minn. 135, 258 N.W. 11, our decision of which is filed herewith. The determinative issues are the same, and the same result must be and is reached.
Accordingly, the order appealed from is reversed and the case remanded with directions to discharge the writ.