Legal Opinion

County of Beltrami v. County of Clearwater

Supreme Court of Minnesota

Decided January 14, 1910No. Nos. 16,416—(214)Published

Action in the district court for Clearwater county to recover $23,-•958.58. From an order, Stanton, J., sustaining defendant’s demurrer on the ground that the complaint did not state facts suf- ficient to constitute a cause of action, plaintiff appealed.

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Action in the district court for Clearwater county to recover $23,-•958.58. From an order, Stanton, J., sustaining defendant’s demurrer on the ground that the complaint did not state facts suf- ficient to constitute a cause of action, plaintiff appealed. The defendant and respondent, the county of Clearwater, was created from a portion of the territory originally comprising the plaintiff and appellant, the county of Beltrami, in November, 1902. At the time of the division the parent county had' a floating debt of $53,204.58, and a net bonded indebtedness of $112,530.17 — that is, $122,000…

1Opinion of the CourtJaggakd, J.

(after stating the facts as above).

The principal question raised by the demurrer is whether the facts alleged in the complaint constitute a cause of action. As pointed out by the trial court, “the statute plainly provides for an equitable adjustment of the indebtedness between the counties.” G. S. 1894, § 634. The new county was subjected to a proportionate share of the indebtedness of the county from which it was formed. This was approximately $23,958.58. It was required by law to pay only interest until maturity and then the principal. The effect of an immediate entry of judgment would be…

2Cases cited4 opinions

  1. People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
  2. Township of Canosia v. Township of Grand LakeSupreme Court of Minnesota · 1900
  3. State ex rel. Board of County Commissioners v. DemannSupreme Court of Minnesota · 1901
  4. Waupaca County v. Town of MattesonWisconsin Supreme Court · 1891

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