Stinson v. Smith
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. — The act under which the assessment was made was approved within the time prescribed in the Constitution. Sunday does not form one of the days therein mentioned. II. — The act' secures compensation for lands taken by assessment on other lands.
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ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. — The act under which the assessment was made was approved within the time prescribed in the Constitution. Sunday does not form one of the days therein mentioned. II. — The act' secures compensation for lands taken by assessment on other lands. See Constitution of the State of H. Work, Art. 1, seo. 6; 17 Wend., 649/ 2 Denio, 323; 3 Paige, 45/ 7 jBarbour, 416. It has been held even that private property may be taken for public use without any provision for assessment, the implied good faith of the…
1Opinion of the Court
By the Court.
Atwatee, J.
This action was brought by Stinson, to enjoin the County Treasurer of Ramsey county from selling certain lots for assessments for benefits, under the act of the Legislature relative to the Port street road, approved March 12, 1861. (Sess. Laws of 1861, p. 265.)
The cause was referred to James M. Gilman, Esq., who reported the facts, and his conclusions of law therefrom, that the Plaintiff was entitled to judgment for the relief demanded in the' complaint, and judgment was entered in his favor accordingly. Prom this judgment Defendant sued out a writ of error.
Several…
2Cases cited1 opinion
- McComb v. BellSupreme Court of Minnesota · 1858
3Cited by13 opinions
- State ex rel. Dawson v. SessionsSupreme Court of Kansas · 1911
- Rogers v. City of St. PaulSupreme Court of Minnesota · 1876
- Croissant v. DeSoto Improvement Co.Supreme Court of Florida · 1924
- State v. U. S. & Canada Express Co.Supreme Court of New Hampshire · 1880
- State ex rel. Abbott v. Board of County CommissionersNebraska Supreme Court · 1879
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