Legal Opinion

City of Jordan v. Leonard

Supreme Court of Minnesota

Decided October 11, 1912No. Nos. 17,739—(74)PublishedCited by 5 opinions

Action in the district court for Scott county to compel the removal of a fence from a certain street and enjoin defendant ana persons claiming under her from doing any act to interfere with the rights of the public therein. From an order, Morrison, J., overruling defendant’s demurrer to the complaint, she appealed.

1Opinion of the CourtStart, C. J.

Appeal from an order of the district court of the county of Scott overruling the defendant’s demurrer to the complaint. The complaint alleges, in effect, the ultimate facts following:

The plaintiff has been for more than twenty years last past, and now is, a municipal corporation, duly organized, incorporated, existing, and being in the county of Scott and state of Minnesota, under and by virtue of Sp. Laws 1891, p. 120, c. 4. There is now in such municipality, and has been during all the times herein stated, and for more than twenty years last past, a public street and highway, known as…

2Cases cited4 opinions

  1. Village of Pine City v. MunchSupreme Court of Minnesota · 1890
  2. Township of Hutchinson v. FilkSupreme Court of Minnesota · 1890
  3. Village of Buffalo v. HarlingSupreme Court of Minnesota · 1892
  4. City of Red Wing v. GuptilSupreme Court of Minnesota · 1898

3Cited by5 opinions

  1. Thomas v. RambergSupreme Court of Minnesota · 1953
  2. State Ex Rel. Olson v. GuilfordSupreme Court of Minnesota · 1928
  3. Hunt v. RolloffSupreme Court of Minnesota · 1947
  4. City of Marshall v. CookSupreme Court of Minnesota · 1926
  5. Incorporated Town of Polk City v. GemricherSupreme Court of Iowa · 1919

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