Legal Opinion

Kedzie v. Town of Ewington

Supreme Court of Minnesota

Decided June 30, 1893PublishedCited by 3 opinions

Appeal by plaintiff;, J. H. Kedzie, from an order of the District Court of Jackson County, P. E. Brown, J., made January 23, 1893, sustaining a demurrer to Ms complaint. The complaint stated that the defendant the Town of Ewing-ton in that county on July 13, 1888, executed and delivered its two bonds for $500 each, payable to bearer, due in ten years, bearing interest at the rate of seven per cent, a year, payable annually, pursuant to Sp.

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Appeal by plaintiff;, J. H. Kedzie, from an order of the District Court of Jackson County, P. E. Brown, J., made January 23, 1893, sustaining a demurrer to Ms complaint. The complaint stated that the defendant the Town of Ewing-ton in that county on July 13, 1888, executed and delivered its two bonds for $500 each, payable to bearer, due in ten years, bearing interest at the rate of seven per cent, a year, payable annually, pursuant to Sp. Laws 1883, ch. 135, as. amended by Sp. Laws 1887, ch. 80, to provide for draining lands or building roads. That plaintiff, in the usual course of business,…

1Opinion of the CourtCollins, J.

The constitutionality of certain legislation is put in question by this appeal. In 1883 there was passed by.the legislature an act (Sp. Laws 1883, ch. 135) entitled “An act for a township drainage act, authorizing the supervisors of townships in Kitt-son, Marshal, Polk, Norman, Cass, and Wilkin [counties] to issue bonds for certain purposes.” The names of these counties were again mentioned in the first and fifth sections of the act. In 1887 *117there was passed an act entitled “An act to amend chapter one hundred and thirty-five (135) of the Special Laws of Minnesota of one thousand eight…

2Cases cited1 opinion

  1. Mississippi & Rum River Boom Co. v. PrinceSupreme Court of Minnesota · 1885

3Cited by3 opinions

  1. Sweet v. RichardsonSupreme Court of Minnesota · 1933
  2. Farmers' Mutual Insurance v. YoungIndiana Court of Appeals · 1937
  3. Lyman v. ChaseSupreme Court of Minnesota · 1929

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