Legal Opinion

Jordan v. Board of Education

Supreme Court of Minnesota

Decided October 16, 1888PublishedCited by 9 opinions

Appeal by plaintiffs from an order of the district court for Chisago county, Crosby, J., presiding, sustaining a demurrer to the complaint. The action was brought to establish and enforce a lien for materials furnished for and used in the construction of a school-house.

1Opinion of the CourtMitchell, J.

The only question here is whether under chapter' 170, Laws 1887, a public school-house is subject to a lien for work done or materials furnished towards its erection. While in some-states it is held that what may be called the private property of municipal corporations — that is, such as they own for profit, and not for a public use — may be sold on execution, yet the universal rule is that, in the absence of express statutory authority, the property of such corporations, held for and devoted to a public use, is not liable to’ execution on a general judgment. This rule is founded upon…

2Cases cited1 opinion

  1. Wilson v. School District No. 2Supreme Court of Kansas · 1876

3Cited by9 opinions

  1. Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
  2. State v. Board of EducationSupreme Court of Minnesota · 1916
  3. Burlington Manufacturing Co. v. Board of Courthouse & City Hall CommissionersSupreme Court of Minnesota · 1897
  4. Comstock & Davis, Inc. v. City of Eden PrairieCourt of Appeals of Minnesota · 1997
  5. Whiteside v. School District No. 5Montana Supreme Court · 1897

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