Legal Opinion

State ex rel. Simpson v. Rapp

Supreme Court of Minnesota

Decided July 3, 1888PublishedCited by 25 opinions

Appeal by defendants, supervisors of the towns of White Bear and Mounds View, in Eamsey county, from an order of the district court for that county, Brill, J., presiding, refusing a new trial.

1Opinion of the CourtMitchell, J.

In 1885 the relator and others petitioned the supervisors of these two towns to lay out a highway on the town line pursuant to Gen. St. 1878, c. 18, § 42. Upon the hearing, the supervisors denied the prayer of the petition, and refused to lay out the road, from which determination the relator appealed, pursuant to the provisions of section 59 of the same chapter. The jury summoned by the justice of the peace reversed the decision of the supervisors, and ordered the road laid out. The supervisors still refusing to lay out the road, the relator obtained from the district court an alternative…

2Cases cited1 opinion

  1. Commissioners of Highways of Warwick v. Judges of Orange CountyNew York Supreme Court · 1835

3Cited by25 opinions

  1. Bigelow v. DraperNorth Dakota Supreme Court · 1896
  2. Bennett v. City of MarionSupreme Court of Iowa · 1898
  3. State ex rel. Smith v. Van ReedSupreme Court of Minnesota · 1914
  4. In Re Condemnation of Lands Owned by LuhrsSupreme Court of Minnesota · 1945
  5. Chicago, M. & St. P. R. v. MasonSouth Dakota Supreme Court · 1909

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