Legal Opinion

Rumsey v. Sauk Centre Town

Supreme Court of Minnesota

Decided December 7, 1894PublishedCited by 4 opinions

Appeal by the defendant, the City of Sauk Centre, from an order of the District Court of Steams County, D. B. Searle, J., made April 12, 1894, overruling its demurrer to the complaint. Congressional township one hundred and twenty six (126) north, of range thirty four (34) west with six adjacent sections in the next township on the north, was organized prior to 1866 as a town in the county of Stearns and was named Sauk Centre, and ever since has been a public corporation.

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Appeal by the defendant, the City of Sauk Centre, from an order of the District Court of Steams County, D. B. Searle, J., made April 12, 1894, overruling its demurrer to the complaint. Congressional township one hundred and twenty six (126) north, of range thirty four (34) west with six adjacent sections in the next township on the north, was organized prior to 1866 as a town in the county of Stearns and was named Sauk Centre, and ever since has been a public corporation. Under Sp. Laws 1S79, ch. 143, the town on December 30, 1882, issued and delivered to the Little Falls and Dakota Railroad…

1Opinion of the CourtMitchell, J.

This action was originally brought against the town of Sauk Centre alone, but subsequently, on motion of the town, neither the plaintiff nor the city objecting, the city of Sauk Centre was made a party defendant, and plaintiff amended his complaint accordingly. The defendant city demurred to the complaint, on the ground that it did not state a cause of action. From an order overruling this demurrer the city appealed.

*320Stated in chronological order, the allegations of the complaint are as follows: The town of Sauk Centre was a duly-organized township in the county of Stearns. The village of Sauk…

2Cases cited3 opinions

  1. City of Winona v. School-District, No. 82Supreme Court of Minnesota · 1889
  2. Bradish v. LuckenSupreme Court of Minnesota · 1888
  3. State ex rel. Minnesota Railway Construction Co. v. City of Lake CitySupreme Court of Minnesota · 1879

3Cited by4 opinions

  1. State ex rel. Board of County Commissioners v. DemannSupreme Court of Minnesota · 1901
  2. Town of Humboldt v. City of BarnesvilleSupreme Court of Minnesota · 1901
  3. Town of Kettle River v. Town of BrunoSupreme Court of Minnesota · 1908
  4. In re NicolinSupreme Court of Minnesota · 1894

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