In re Judicial Ditch No. 52
Supreme Court of Minnesota
In the matter of proceedings in the district court for Norman county to establish Judicial Ditch No. 52 in Norman and Polk counties, the court, Grindeland, J., established the ditch in accordance with the report of the viewers.
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In the matter of proceedings in the district court for Norman county to establish Judicial Ditch No. 52 in Norman and Polk counties, the court, Grindeland, J., established the ditch in accordance with the report of the viewers. The petitioners for the ditch moved that the demand of Peter J ohnson and others for a- jury trial be stricken from the files and the same denied on the ground that it was not served within the time fixed by statute and that the court was without jurisdiction to have such demand submitted to a jury. From an order denying their motion, Peter Johnson and others appealed.
1Opinion of the CourtHallam, J.
This is a proceeding to establish a judicial ditch. The statute provides for the appointment of a board of viewers to investigate and report, among other things, the property benefited or damaged, and the amount of benefit or damage to each tract affected. The court may then establish the ditch and confirm the viewers’ report.
It is then provided that “any person deeming himself aggrieved * * * by an order of the * * * court * * * determining the amount of his benefits or damages, may demand a jury trial to determine the amount of his benefits or damages as the ease may be * * * Such demand…
2Cases cited11 opinions
- Humphrey v. CarpenterSupreme Court of Minnesota · 1888
- Burns v. PhinneySupreme Court of Minnesota · 1893
- Johnson v. Northwestern Loan & Building Ass'nSupreme Court of Minnesota · 1895
- Bailey v. DrakeWashington Supreme Court · 1895
- State ex rel. Kenney v. NelsonSupreme Court of Minnesota · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Troska v. BrechtSupreme Court of Minnesota · 1918
- In Re the Welfare of C.A.N.Court of Appeals of Minnesota · 1985
- Huseby v. SchachererSupreme Court of Minnesota · 1924
- Asquith v. EngstromSupreme Court of Minnesota · 1916
- In re Judicial Ditch No. 7Supreme Court of Minnesota · 1919