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SMITH v. TUMAN

No. 38,669.

262 Minn. 149 (1962)

114 N.W. (2d) 73

WAYNE C. SMITH v. B.A. TUMAN, JUSTICE OF THE PEACE, VILLAGE OF NEWPORT.

Supreme Court of Minnesota.

March 9, 1962.

Attorney(s) appearing for the Case

Johnson, Essling & Malone, for relator.

Peterson & Popovich, for respondent.

MURPHY, JUSTICE.

This matter is before us on a writ of prohibition directing the justice of the peace of the village of Newport to desist and refrain from any further proceedings in a criminal action brought in his court. The issue presented involves an interpretation of removal provisions contained in Minn. St. 531.115 (L. 1959, c. 450) relating to proceedings commenced in a justice court or before a judge paid upon a fee basis.

It appears from the record...

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