Wermerskirchen v. Dysthe
Supreme Court of Minnesota
M. Wermerskirchen and A. Wermerskirchen appealed to the district court for Murray county from the order of the court, Nelson, J., confirming the reports of the engineers and viewers in the matter of Judicial Ditch No. 7 in that county, on the ground that the amount of benefits assessed to appellants was in excess of the actual benefit to their land, and demanded a jury trial to determine their benefits.
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M. Wermerskirchen and A. Wermerskirchen appealed to the district court for Murray county from the order of the court, Nelson, J., confirming the reports of the engineers and viewers in the matter of Judicial Ditch No. 7 in that county, on the ground that the amount of benefits assessed to appellants was in excess of the actual benefit to their land, and demanded a jury trial to determine their benefits. From an order granting respondents’ motion to dismiss the appeal on the ground that no sufficient notice of appeal and bond had been given, M. Wermerskirchen appealed.
1Opinion of the Court
Dibell, C.
Appeal by M. Wermerskirchen from an order dismissing his demand for a jury trial in a judicial ditch proceeding.
The demand for a jury trial was made in the name of M. Wermerskirchen and A. Wermerskirchen. The bond was executed by M. Wermerskirchen alone and referred only to the appeal or demand made in his behalf. The land involved is not described in the demand. In the proceedings which are a part of the record the name of Susan Wermerskirchen as owner of certain land assessed for benefits appears. The name of M. Wermerskirchen does not appear. His connection, if any, with the land…
2Cases cited3 opinions
- Anderson v. County of MeekerSupreme Court of Minnesota · 1891
- Asquith v. EngstromSupreme Court of Minnesota · 1916
- Sands v. DystheSupreme Court of Minnesota · 1916