Legal Opinion

Merz v. County of Wright

Supreme Court of Minnesota

Decided June 2, 1911No. Nos. 16,962 — (105)PublishedCited by 12 opinions

Action iu tbe district court for Wright county to recover $3,-608.34, balance alleged to be due upon a certain contract for the eonstruction of a ditch. From an order, Giddings, J., overruling defendant’s demurrer to the complaint, it appealed.

1Opinion of the CourtBeown, J.

Appeal from an order overruling defendant’s demurrer to plaintiff’s complaint. The facts as'disclosed by the complaint are substantially as follows:

The board of county commissioners of Wright county, in proceedings duly had for the purpose, ordered the construction of a drainage ditch in said county, described in the complaint as “ditch No. 10.” Thereafter, and in compliance with the statutes upon the subject, the county auditor entered into a contract with plaintiff for the construction off the same. An engineer was duly appointed to superintend the work. All proceedings in reference to the…

2Cases cited4 opinions

  1. State ex rel. Barber Asphalt Paving Co. v. District CourtSupreme Court of Minnesota · 1903
  2. State ex rel. Haney v. ClarkeSupreme Court of Minnesota · 1910
  3. City of Fergus Falls v. Board of County CommissionersSupreme Court of Minnesota · 1903
  4. State ex rel. Devine v. PeterSupreme Court of Minnesota · 1909

3Cited by12 opinions

  1. Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
  2. Greenfield v. Hill City Land, Loan & Lumber Co.Supreme Court of Minnesota · 1919
  3. Alden v. County of ToddSupreme Court of Minnesota · 1918
  4. Miller v. County of SteeleSupreme Court of Minnesota · 1925
  5. First National Bank of St. Paul v. County of CookSupreme Court of Minnesota · 1920

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