County of Le Sueur v. Globe Indemnity Co.
Supreme Court of Minnesota
Action in the district court for Le 'Sueur county to recover $3,304.39, from defendant as surety on the bond of Moffatt & Herrick, damages sustained by the county for nonperformance of their contract for the construction of county ditch No. 38. The facts are fully stated in the opinion. The ease was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff.
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Action in the district court for Le 'Sueur county to recover $3,304.39, from defendant as surety on the bond of Moffatt & Herrick, damages sustained by the county for nonperformance of their contract for the construction of county ditch No. 38. The facts are fully stated in the opinion. The ease was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion to amend the findings or for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
On December 11, 1911, Henry Kritzer and ten others filed with the auditor of Le -Sueur county a petition for a public ditch. On December 13 the auditor issued a notice of a hearing upon said petition on January 4, 1912. The petitioner’s bond was filed January 4, 1912. On May 13, 1912, the report of the engineer and of viewers having been filed, the auditor gave notice of a final hearing on June 7, 1912. On May 14 the auditor mathed a copy of the notice to one of the landowners affected. On May 16 the publication of the notice was commenced.
There were many landowners affected. Their names…
2Cases cited8 opinions
- Moore v. . MayorNew York Court of Appeals · 1878
- State v. JohnsonSupreme Court of Minnesota · 1910
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Curran v. County of SibleySupreme Court of Minnesota · 1891
- Geib v. County of MorrisonSupreme Court of Minnesota · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nielsen v. City of St. PaulSupreme Court of Minnesota · 1958
- Drew v. Skeena Lumber Co. Ltd.Supreme Court of Minnesota · 1930
- In Re Judicial Ditch No. 12Supreme Court of Minnesota · 1949
- Conoryea v. Board of County Commissioners McLeod Co.Supreme Court of Minnesota · 1924
- In Re Petitions for Cancellation of Ditch AssessmentsSupreme Court of Minnesota · 1942
2 more not listed; retrieve them via the Exa API.