Street v. Town of Alden
Supreme Court of Minnesota
Action in the district court for Freeborn county by A. H. Street against the town of Alden, G-. B. Math wig and Peter V. Svendsen, to set aside a verdict rendered in justice court. The case was tried before Buckham, J., who ordered judgment in favor of plaintiff. From an order denying their motion to set aside the findings of fact and conclusions of law and for a new trial, defendants Mathwig and Svendsen appealed.
1Opinion of the CourtCollins, J.
Plaintiff and other legal voters in due form petitioned the supervisors of defendant town to vacate and discontinue *161a highway which ran diagonally through plaintiffs farm. On the-hearing of the petition, two of the town supervisors voted in favor of granting the same, while the third supervisor, defendant Mathwig, opposed and voted against such action. The petition was granted, and an order duly made and filed with the town clerk vacating and discontinuing the highway. The regularity of the proceeding stands unquestioned. Within the time fixed by law (G. S. 1894, § 1857) defendant Svendsen,…
2Cases cited1 opinion
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
3Cited by5 opinions
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- McMurran v. BourneSupreme Court of Minnesota · 1900
- Zounich v. AndersonIdaho Supreme Court · 1922
- Town of Hinckley v. Kettle River RailroadSupreme Court of Minnesota · 1900
- Murray v. CalkinsSupreme Court of Minnesota · 1934