Legal Opinion

State ex rel. City of Duluth v. District Court

Supreme Court of Minnesota

Decided October 26, 1894No. 8931PublishedCited by 1 opinion

Certiorari issued April 14, 1894, by this court, on the relation of the City of Duluth, to the District Court of St. Louis County to certify and return to this court the record and proceedings in that court in the matter of the appeal of the executors of the will of George W. Norton, deceased, from the award of damages for opening a street.

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Certiorari issued April 14, 1894, by this court, on the relation of the City of Duluth, to the District Court of St. Louis County to certify and return to this court the record and proceedings in that court in the matter of the appeal of the executors of the will of George W. Norton, deceased, from the award of damages for opening a street. The Village of West Duluth commenced proceedings in 1893, under Laws 1891, ch. 146, subch. 8, to condemn for street purposes a strip of land in that village eighty feet wide and about two hundred rods long across the southwest quarter of the southwest…

1Opinion of the CourtBuck, J.

In this case a writ of certiorari was granted on the ex parte application of the petitioner, directed to the judges of the District Court of St. Louis county, Requiring a return to be made to this court of the proceedings in said District Court in condemnation proceedings where the verdict of a jury was set aside and a new trial granted. It appears from the return that the city of Duluth is attempting to lay out a street within its corporate limits, and that, upon a claim for damages being made by the owner of the land over which the street was sought to be laid, the matter was tried in the…

2Cases cited1 opinion

  1. State ex rel. Lawton v. District Court of Ramsey CountySupreme Court of Minnesota · 1890

3Cited by1 opinion

  1. State ex rel. Klemer v. District CourtSupreme Court of Minnesota · 1916

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