Legal Opinion

Woodruff v. Town of Glendale

Supreme Court of Minnesota

Decided June 12, 1879PublishedCited by 7 opinions

Appeal by plaintiff from a judgment of the district court for Scott county, where the action was tried before Dickinson, J., acting for the judge of the eighth district.

1Opinion of the CourtGilfillan, C. J.

Action to enjoin the defendants from entering upon the lands of plaintiff in the town of Glendale, and opening through the same a public road, previously located by the supervisors of the town under the provisions of Laws 1873, c. 5. All the proceedings of the supervisors are admitted to have been in accordance with the provisions of the act, the damages, however, not having been paid.

The only point made is that the act is unconstitutional, because it does not provide' for payment of the damages assessed. If no such provision were found in the act, of course it would be unconstitutional.…

2Cases cited1 opinion

  1. Woodruff v. Town of GlendaleSupreme Court of Minnesota · 1877

3Cited by7 opinions

  1. State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
  2. State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
  3. State ex rel. Olsen v. Board of Control of State InstitutionsSupreme Court of Minnesota · 1902
  4. State ex rel. Foot v. BazilleSupreme Court of Minnesota · 1905
  5. McGee v. Board of County CommissionersSupreme Court of Minnesota · 1901

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