City of Duluth v. Dibblee
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for St. Louis county, Lewis, J., denying his application to set aside the judgment and for leave to answer. The confirmation of the assessment was void, because the notice of the application was never published in the manner required by statute, and such publication is essential to jurisdiction.
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Appeal by defendant from an order of the district court for St. Louis county, Lewis, J., denying his application to set aside the judgment and for leave to answer. The confirmation of the assessment was void, because the notice of the application was never published in the manner required by statute, and such publication is essential to jurisdiction. Bonham v. Weymouth, 39 Minn. 92, 38 N. W. 805; Feller v. Clark, 36 Minn. 338, 31 N. W. 175; Kipp v. Fernliold, 37 Minn. 132, 33 N. W. 697; Knight v. Alexander, 38 Minn. 384, 37 N. W. 796; Olivier v. Gurney, 43 Minn. 69, 44 N. W. 887; Stearns Co.…
1Opinion of the Court
MITCHELL, J.2
This appeal is from an order of the district court denying the motion of appellant, Dibblee, to vacate and set aside the judgment theretofore entered in this proceeding against certain lots owned by him, and for leave to answer.
1. The assessment was made January 18,1892; confirmed January 30, 1892; judgment for the amount thereof rendered by the district court February 8,1893; the property sold on the judgment to the city May 10, 1893; and the appellant’s motion to vacate the judgment and for leave to answer was not made until August, 1894. The court below, although satisfied…
2Cases cited4 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889
- Matter of Trustees N.Y.P.E. Pub. SchoolNew York Court of Appeals · 1864
- Fitzhugh v. Duluth CitySupreme Court of Minnesota · 1894
3Cited by17 opinions
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Bass v. City of CasperWyoming Supreme Court · 1922
- City of Duluth v. Railroad & Warehouse CommissionSupreme Court of Minnesota · 1926
- McGee v. Board of County CommissionersSupreme Court of Minnesota · 1901
- State v. Koochiching Realty Co.Supreme Court of Minnesota · 1920
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