Willard v. Board of County Commissioners
Supreme Court of Minnesota
This action was brought in the district court for Eedwood county. At the trial before Hariscóme, J., (a jury being waived,) the defendant moved for judgment on the pleadings. The motion was taken under advisement, and the case was tried and submitted. Afterwards the judge filed his decision, ordering judgment for defendant on the pleadings, which was entered accordingly, and plaintiff appealed.
1Opinion of the CourtBerry, J.
Section 154, ch. 11, Gen. St., as amended by Laws 1869, ch. 23, enacts that “an action to test the validity of the forfeiture of any land to the state, under this chapter, or of the proceeding resulting in such forfeiture, may be brought by any party interested therein, against the county wherein such land is situated, at any time before such forfeited land is purchased from the state ; provided, however, that in all actions brought against any county, as authorized by this section, the plaintiff in such action shall pay all costs of such suit.”
The present action, which appears to have been…
2Cited by2 opinions
- State ex rel. Davidson v. GormanSupreme Court of Minnesota · 1889
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