McComb v. Bell
Supreme Court of Minnesota
This action was brought to recover the amount of a street certificate, issued by the street commissioners of the City of Saint Paul, to a contractor, who had graded the street bordering upon a lot owned by Defendant, under contract with the said commissioners, under Sec. 5, Chap. 1 of the Charter of the City of-Saint Paul.
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This action was brought to recover the amount of a street certificate, issued by the street commissioners of the City of Saint Paul, to a contractor, who had graded the street bordering upon a lot owned by Defendant, under contract with the said commissioners, under Sec. 5, Chap. 1 of the Charter of the City of-Saint Paul. The Statute designs giving the contractor two remedies under the contract: 1st, by having the amount due him assessed upon the lots, and collected for his use, as other taxes are collected; 2d, by a personal action against the owner ,of the lots. The latter course was…
1Opinion of the Court
By the Cov/rt
Flandrau J".
The grant of power to tbe Legislature by tbe sixth Section of tbe Organic Act of Minnesota, conferred upon that body as ample powers over all subjects as compatible with tbe Territorial existence as is possessed by a State, including tbe power of taxation in all its aspects. Tbe assessment of the expense of grading a street in the City of St. Paul upon tbe lots fronting upon such street under Section 5, Chapcer 'T, of tbe Charter of that City is an exercise of tbe taxing power of the government and not tbe right of eminent domain. This can hardly be considered an open…
2Cited by7 opinions
- Jackson School Township v. FarlowIndiana Supreme Court · 1881
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Chicago & Northwestern Railway Co. v. Board of SupervisorsSupreme Court of Iowa · 1916
- Weller v. City of St. PaulSupreme Court of Minnesota · 1860
- Le Clair v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1873
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