Legal Opinion

Smith v. County of Nobles

Supreme Court of Minnesota

Decided December 13, 1887PublishedCited by 2 opinions

The plaintiff brought this action' in the district court for Nobles county, to recover the bounty provided for in Laws 1871, c. 30, for the planting and growing of trees. The action was tried by Perkins, J., without a jury, and judgment directed for defendant, from which the plaintiff appeals.

1Opinion of the CourtGilfillan, C. J.

In 1871 the legislature passed an act (chapter 30) entitled “An act to encourage the planting and growing of timber and shade-trees.” In 1873 it passed another act (chapter 19) with precisely the same title. (Gen. St. 1878, c. 124, §§ 70-72.) Each act provided for paying a bounty for the planting and growing of trees. The second act was almost a transcript of the other, — so nearly so as to suggest that it was drawn from the other. The only difference in the substance of the two acts (and the differences in phraseology were only such as the differences in substance required) was that by the…

2Cited by2 opinions

  1. State ex rel. Winona Motor Co. v. Minnesota Tax CommissionSupreme Court of Minnesota · 1912
  2. State ex rel. Ketcham v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889

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