Kœnig v. County of Winona
Supreme Court of Minnesota
Proceedings were had before the board of county commissioners of Winona county, for the laying out of a county road. Kcenig presented a remonstrance against laying out the road, claiming that he would be damaged thereby $857.50. The county commissioners laid out the road and assessed Koenig’s damages at $100; from their decision Koenig appealed to the District Court of Winona County.
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Proceedings were had before the board of county commissioners of Winona county, for the laying out of a county road. Kcenig presented a remonstrance against laying out the road, claiming that he would be damaged thereby $857.50. The county commissioners laid out the road and assessed Koenig’s damages at $100; from their decision Koenig appealed to the District Court of Winona County. The appeal came on to be heard at the March term of said Court, 1864; when the cause whs reached upon the calendar, the county attorney moved the Court to dismiss the appeal, upon the ground that the…
1Opinion of the Court
By the Court —
McMillan, J.
— The act under which the proceedings to lay out the road in this case originated, does not by its terms allow an appeal from the assessment of damages by the commissioners, or from their decision locating the road. If, therefore, the right of appeal exists, it must be given by some other statutory provision. The only provision upon which the appellant relies to sustain the appeal is sec. 17, chap. 7, of the Comp. Stat., amended 1862, Sess. Laws 1862, p. 84.
While the statute under which the proceedings in this case were had, permits a party to present to the board of…
2Cited by1 opinion
- Rockwood v. DavenportSupreme Court of Minnesota · 1887