Legal Opinion

Mueller v. Supervisors of Courtland

Supreme Court of Minnesota

Decided April 26, 1912No. Nos. 17,468—(49)PublishedCited by 10 opinions

Petitioners for a public cartway appealed to tbe district court for Nicollet county from an order of tbe supervisors of tbe town of Courtland denying tlieir petition. Tbe appeal was tried before Olsen, J., and a jury wbicb returned a verdict in favor of Herman Mueller that tbe action of tbe supervisors refusing to lay out tbe cart-way in question be reversed and the cartway laid out as described in the petition.

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Petitioners for a public cartway appealed to tbe district court for Nicollet county from an order of tbe supervisors of tbe town of Courtland denying tlieir petition. Tbe appeal was tried before Olsen, J., and a jury wbicb returned a verdict in favor of Herman Mueller that tbe action of tbe supervisors refusing to lay out tbe cart-way in question be reversed and the cartway laid out as described in the petition. From an order denying the supervisors’ motion for a new trial, they appealed.

1Opinion of the CourtPhilip E. Brown, J.

The respondent, with others, duly petitioned, under R. L. 1905, § 1181, and Laws 1905, p. 85, c. 66, the supervisors of the town of Courtland, appellants, to lay out a public cartway. The said supervisors denied the said petition, and the petitioner appealed to the district court, seeking an entire reversal of the determination of the supervisors, and praying that the said cartway be ordered laid out and damages awarded. On the preliminary call of the calendar in the district court the supervisors moved to dismiss the appeal for lack of jurisdiction, which motion the court denied, and during…

2Cases cited14 opinions

  1. Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
  2. Stewart v. Great Northern Railway Co.Supreme Court of Minnesota · 1896
  3. Denham v. County CommissionersMassachusetts Supreme Judicial Court · 1871
  4. Minneapolis & St. Louis Railroad v. Village of HartlandSupreme Court of Minnesota · 1901
  5. Fanning v. GillilandOregon Supreme Court · 1900

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3Cited by10 opinions

  1. Frawley Ranches, Inc. v. LasherSouth Dakota Supreme Court · 1978
  2. Sturgill v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1964
  3. Road District No. 4 v. FraileyIllinois Supreme Court · 1924
  4. Rask v. Town Board of HendrumSupreme Court of Minnesota · 1928
  5. Carlson v. Township of ElmoSupreme Court of Minnesota · 1918

5 more not listed; retrieve them via the Exa API.

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