Cassidy v. Smith
Supreme Court of Minnesota
This action was brought before a Justice of the Peace in Nice County, to recover damages for a trespass upon real estate, and certified to the District Court, as involving the question of title. The defense was, that the loom m quo was a public highway, and that the defendant was overséer of highways, and in performing the acts complained of was acting in his official character and under proper authority.
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This action was brought before a Justice of the Peace in Nice County, to recover damages for a trespass upon real estate, and certified to the District Court, as involving the question of title. The defense was, that the loom m quo was a public highway, and that the defendant was overséer of highways, and in performing the acts complained of was acting in his official character and under proper authority. On the trial evidence on the part of the plaintiff was introduced, tending to show the possession of the premises by the plaintiff, the acts complained of and the damages sustained. The…
1Opinion of the CourtMcMillan, J.
By the Court To authorize the' Town Supervisors to alter or discontinue any road or lay out any new road under the provisions of Ch. 13 of the General Statutes, it is essential, we think, that they be petitioned thereto by not less than six legal voters residing within one mile of the road to be altered, discontinued or laid out, and that a copy of such petition shall have been posted up in three of the most public places of the town at least twenty days before any action is had in relation thereto. Genl. Stat., Ch. 13, Secs. 33-4-5, pp. 194-5 ; Commr's vs. Harper, 38 Ills., 104; Cosley et…
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