Legal Opinion

Rand v. Board of County Commissioners

Supreme Court of Minnesota

Decided July 7, 1892PublishedCited by 5 opinions

Appeal by plaintiffs, Alonzo T. Band, Bufus B. Band, Kate Ogle and Leavitt S. Band, from a judgment of the District Court of Hen-nepin County, Canty, J., entered March 12, 1892. Action against the defendant, the Board of County Commissioners of Hennepin County, to recover $1,000 paid December 3, 1885, by the administrators of the estate of Alonzo C. Band, deceased, into the county treasury of that county under Laws 1885, ch. 103, since held unconstitutional.

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Appeal by plaintiffs, Alonzo T. Band, Bufus B. Band, Kate Ogle and Leavitt S. Band, from a judgment of the District Court of Hen-nepin County, Canty, J., entered March 12, 1892. Action against the defendant, the Board of County Commissioners of Hennepin County, to recover $1,000 paid December 3, 1885, by the administrators of the estate of Alonzo C. Band, deceased, into the county treasury of that county under Laws 1885, ch. 103, since held unconstitutional. The claim made is that the money was paid under duress The plaintiffs are the next of kin of Alonzo C. Band, who died intestate in said…

1Opinion of the CourtMitchell, J.

Like the cases of Mearkle v. Hennepin Co., 44 Minn. 546, (47 N. W. Rep. 165,) and De Graff v. Ramsey. Co., 46 Minn. 319, (48 N. W. Rep. 1135,) this action was brought to recover back moneys paid into the county treasury (under duress or compulsion, as is claimed) pursuant to the provisions of Laws 1885, ch. 103, since declared unconstitutional in State v. Gorman, 40 Minn. 232, (41 N. W. Rep. 948.)

Tl^e first error assigned is the exclusion of certain evidence as to the character and condition of the estates then under process of administration, and in behalf of which the moneys in question…

2Cases cited9 opinions

  1. Radich v. HutchinsSupreme Court of the United States · 1877
  2. Brumagim v. TillinghastCalifornia Supreme Court · 1861
  3. State ex rel. Davidson v. GormanSupreme Court of Minnesota · 1889
  4. De Graff v. County of RamseySupreme Court of Minnesota · 1891
  5. Shane v. City of St. PaulSupreme Court of Minnesota · 1880

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State Ex Rel. G. M. Gustafson Co. v. Crookston Trust Co.Supreme Court of Minnesota · 1946
  2. Wallner v. SchmitzSupreme Court of Minnesota · 1953
  3. Minneapolis Stock-Yards & Packing Co. v. CunninghamSupreme Court of Minnesota · 1894
  4. Alden v. ChristiansonSupreme Court of Minnesota · 1901
  5. True v. OlderSupreme Court of Minnesota · 1948

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