Legal Opinion

City of Minneapolis v. Janney

Supreme Court of Minnesota

Decided May 2, 1902No. Nos. 12,916-(35)PublishedCited by 10 opinions

Action of ejectment in the district court for Hennepin county.. The case was tried before Pond, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtCollins, J.

1. Under the original charter provisions of plaintiff city, the common council seems to have been authorized to sell its real property when a majority of the members concluded and considered it for the best interests of the city so to do (Sp. Laws 1881, [p. 441] c. 76, subc. 4, § 14). But there is no necessity to pass upon the question in this case, because by the charter amendment (Sp. Laws 1885, [p. 48] c. 2, § 16) power was conferred upon the council to sell real estate belonging to the city, by a vote of two-*113thirds of all- of the members thereof. The plain purpose of this amendment was to…

2Cases cited15 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. United States v. Realty Co.Supreme Court of the United States · 1896
  3. Olcott v. SupervisorsSupreme Court of the United States · 1873
  4. Guthrie National Bank v. GuthrieSupreme Court of the United States · 1899
  5. Norman v. Kentucky Board of ManagersCourt of Appeals of Kentucky · 1892

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3Cited by10 opinions

  1. Bailey v. City of TampaSupreme Court of Florida · 1926
  2. Hager v. Kentucky Children's Home SocietyCourt of Appeals of Kentucky · 1904
  3. Briggs v. City of RaleighSupreme Court of North Carolina · 1928
  4. Arens v. Village of RogersSupreme Court of Minnesota · 1953
  5. McGlone v. WomackCourt of Appeals of Kentucky · 1908

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