Weller v. City of St. Paul
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Plaintiff in Error: Fvrst. — It fully appears from tbe allegations of tbe complaint, that tbe proyisious of tbe statute authorizing certificates like tbe one described in tbe complaint to be issued in certain cases, were not complied with in any respect. Hence tbe certificate was void, and tbe assessment of tbe same as a tax upon tbe land or lot must therefore be also void.
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ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Plaintiff in Error: Fvrst. — It fully appears from tbe allegations of tbe complaint, that tbe proyisious of tbe statute authorizing certificates like tbe one described in tbe complaint to be issued in certain cases, were not complied with in any respect. Hence tbe certificate was void, and tbe assessment of tbe same as a tax upon tbe land or lot must therefore be also void. See Pa-lio 14 cmd 19, (inclusive,) of ease: McOombvs. Bell, 2 Minn. Hep. 307; Philbrook vs. Kewnebeck, 5 Sh&p. 196 ; Wellington vs. Fishe, 11 Shop.…
1Opinion of the Court
*100 By the Gourt
Atwater J.
Tbe plaintiff in Error brought an action in the Court below, for the purpose of cancelling a certain tax certificate, issued by the defendant in error, for work done in grading certain streets in the city of Saint Paul, and also asks to have the sale of a certain lot, (of which he claims to be owner) sold for the tax mentioned in said certificate, set aside and declared null and void. The complaint alleges, that on the first day of June, 1857, the Street Commissioners of said city, entered into a contract with one J. W. McComb, for the grading of St. Anthony Street and…
2Cases cited1 opinion
- McComb v. BellSupreme Court of Minnesota · 1858
3Cited by21 opinions
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- Waite v. Utah Labor Comm'nUtah Supreme Court · 2017
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