State Bank v. Vlaar
Supreme Court of Minnesota
Action in the district court for Kandiyohi county by the assignee of one Tompkins against Peter Ylaar, Township of Holland and Township of Eoseland to recover $1,014 for the construction of a town ditch.
Read the full summary
Action in the district court for Kandiyohi county by the assignee of one Tompkins against Peter Ylaar, Township of Holland and Township of Eoseland to recover $1,014 for the construction of a town ditch. When the case was called for trial, defendant’s motion for judgment on the pleadings in behalf of defendant Ylaar, for the reason it did not appear from the complaint that the township had ever accepted the ditch, was granted, Qvale, J. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the Court
Taylor, O.
This is an action to recover the contract price for constructing a town ditch established under and pursuant to chapter 127, p. 120, Laws of 1909.1 When the cause came on for trial, defendants moved for judgment on the pleadings. This motion was granted and judgment was entered in favor of defendants. Plaintiff appealed.
The only question presented is whether the complaint states a cause of action against defendants or any of them. To determine this question it is necessary to take into consideration both the provisions of the statute and the allegations of the complaint. The statute…
2Cases cited4 opinions
- Merz v. County of WrightSupreme Court of Minnesota · 1911
- State ex rel. Haney v. ClarkeSupreme Court of Minnesota · 1910
- Bowler v. County of RenvilleSupreme Court of Minnesota · 1908
- Moody v. BrasieSupreme Court of Minnesota · 1908
3Cited by4 opinions
- Alden v. County of ToddSupreme Court of Minnesota · 1918
- Cement Products Co. v. County of MartinSupreme Court of Minnesota · 1919
- St. Paul Sash, Door & Lumber Co. v. BerknerSupreme Court of Minnesota · 1917
- Kolars v. Katolicky DelnikSupreme Court of Minnesota · 1936