Legal Opinion

Drake v. City of St. Paul

Court of Appeals for the Eighth Circuit

Decided May 6, 1933No. Nos. 9575, 9577-9580PublishedCited by 7 opinions

1Opinion of the Court

VAN VALKENBURGH, Circuit Judge.

These eases, by stipulation consolidated for presentation in this court, involve the asserted right of the appellee city to collect, for its assessments against the property of appellants under a municipal proceeding for the widening of a city street, out of awards made by commissioners for the taking of the same properties under a condemnation proceeding by the government. Omitting aE intermediate matters not material here, the foEowing proceedings in federal and state jurisdictions form the basis of the various contentions of the parties to this controversy. '

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2Cases cited16 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  3. Kilbourn v. SunderlandSupreme Court of the United States · 1889
  4. Sheffield Furnace Co. v. WitherowSupreme Court of the United States · 1893
  5. In re TorchiaCourt of Appeals for the Third Circuit · 1911

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3Cited by7 opinions

  1. Thibodo v. United StatesCourt of Appeals for the Ninth Circuit · 1951
  2. Covered Wagon, Inc. v. CommissionerCourt of Appeals for the Eighth Circuit · 1966
  3. People v. United StatesCourt of Appeals for the First Circuit · 1942
  4. The Covered Wagon, Inc., Grace D. Ryan, Transferee, Mina Benson, Transferee, Fritz W. Benson, Transferee v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. The Covered Wagon, Inc., Grace D. Ryan, Transferee, Mina Benson, Transferee, Fritz W. Benson, TransfereeCourt of Appeals for the Eighth Circuit · 1966
  5. United States v. 3 Parcels of Land in Woodbury CountyDistrict Court, N.D. Iowa · 1961

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