Burkleo v. Town Board
Supreme Court of Minnesota
On. appeals to the district court for Washington county from an order laying out a highway, after the appeals were called for trial and the jury impaneled had viewed the premises, a motion was made to dismiss the appeals on the ground there was no proof that the notices of appeal had been filed with the town clerk of the town of Baytown, as required by the statute. The court, Stolberg, J., granted the motion.
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On. appeals to the district court for Washington county from an order laying out a highway, after the appeals were called for trial and the jury impaneled had viewed the premises, a motion was made to dismiss the appeals on the ground there was no proof that the notices of appeal had been filed with the town clerk of the town of Baytown, as required by the statute. The court, Stolberg, J., granted the motion. From an order denying their motion for a new trial, Samuel Burkleo, Susan B. Stevens and Frances Burkleo appealed.
1Opinion of the Court
On April 8, 1909, the following opinion was filed:
2Per curiam
Motion to dismiss appeal on the ground that the order is not appealable. Appellant appealed from an order laying out a' highway to the district court of the county of Washington. The trial was entered upon in the district court, and a jury impaneled. The respondent then made a motion to dismiss the appeal, and the court *225granted the motion. The appellant then made a motion in the district court for a new trial and the court made its order denying the motion, from which he appealed.
The respondent here claims that the appellant’s remedy was to…
3Cases cited10 opinions
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Oats v. StateIndiana Supreme Court · 1899
- Gorham v. SummersSupreme Court of Minnesota · 1878
- Bettison v. BuddSupreme Court of Arkansas · 1860
- Reed v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1876
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4Cited by4 opinions
- Mueller v. Supervisors of CourtlandSupreme Court of Minnesota · 1912
- People v. MahachCalifornia Court of Appeal · 1923
- Klein v. Town of Turtle LakeSupreme Court of Minnesota · 1923
- State Ex Rel. Bondy v. RybergSupreme Court of Minnesota · 1926