State ex rel. Chapin v. District Court
Supreme Court of Minnesota
The city treasurer of St. Paul having applied to the district court for Bamsey county, in compliance with the city charter, for judgment against certain real estate for the amount of an assessment for street grading, the relator, the owner of the land in question, appeared and objected to judgment being entered, upon the ground that the city authorities never obtained jurisdiction to do the grading.
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The city treasurer of St. Paul having applied to the district court for Bamsey county, in compliance with the city charter, for judgment against certain real estate for the amount of an assessment for street grading, the relator, the owner of the land in question, appeared and objected to judgment being entered, upon the ground that the city authorities never obtained jurisdiction to do the grading. The objection was overruled by Brill, J., and judgment entered against the land. Thereupon the relator caused the proceedings to be brought before this court by writ of certiorari.
1Opinion of the Court
Mitchell, J.1
In June, 1887, the common council of St. Paul, by vote, changed the grade of State street. Subsequently the board of public works, under the order of the council, graded the street in ac*6'cordance with the new grade, and made an assessment upon the relator’s property for the improvement. Upon the application of the city for judgment therefor, the relator objected to the assessment, on the ground that the city had no authority to make the improvement, because the change of grade referred to had never taken effect or been consummated, there never having been any valid assessment of…
2Cases cited1 opinion
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
3Cited by2 opinions
- State ex rel. Edwards v. DavisNorth Dakota Supreme Court · 1892
- State ex rel. City of Duluth v. District CourtSupreme Court of Minnesota · 1895