Love v. Town of Preston
Supreme Court of Minnesota
Action in the district court for Fillmore county by plaintiff, a resident freeholder and taxpayer of the village of Preston, in behalf of .himself and others similarly situated who should come in and contribute to the expense of the action, against the village of Preston, the town of Preston, the town of Carimona, the town of Carrolton, the town of Fountain, and the county auditor and the county treasurer of Fillmore county.
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Action in the district court for Fillmore county by plaintiff, a resident freeholder and taxpayer of the village of Preston, in behalf of .himself and others similarly situated who should come in and contribute to the expense of the action, against the village of Preston, the town of Preston, the town of Carimona, the town of Carrolton, the town of Fountain, and the county auditor and the county treasurer of Fillmore county. The complaint prayed for judgment declaring the village of Preston an independent and separate road district from the towns of Preston, Carimona, Carrolton and Fountain;…
1Opinion of the CourtJaggard, J.
Plaintiff brought this action against the town of Preston and the auditor of Fillmore county to prevent the officials of the town from levying, extending and collecting a tax on property in the village limits for roads and bridges to be expended outside the village lim*461its but within the township limits. Various demurrers were interposed and overruled. This appeal was taken from the orders to that effect.
The substance of the present controversy arises from the following state of facts: The village of Preston was organized under chapter 35 of the Special Laws of Minnesota of 1889, (p. 612) and…
2Cases cited3 opinions
- Board of County Commissioners v. Citizens' National BankSupreme Court of Minnesota · 1877
- Bradish v. LuckenSupreme Court of Minnesota · 1888
- McNeal Pipe & Foundry Co. v. LippincottSupreme Court of New Jersey · 1895
3Cited by2 opinions
- Alexander v. McInnisSupreme Court of Minnesota · 1915
- Ingersoll v. Town of Deer RiverSupreme Court of Minnesota · 1914