Gove v. County of Murray
Supreme Court of Minnesota
After tbe former appeal reported in 138 Minn. 204, 164 N. W. 815, the county of Murray objected to the application of C. W. Gove for an order fixing a time and place for the audit and allowance of his claim for services as engineer, on the ground that the statute under which it was instituted was unconstitutional and that the court was without jurisdiction.
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After tbe former appeal reported in 138 Minn. 204, 164 N. W. 815, the county of Murray objected to the application of C. W. Gove for an order fixing a time and place for the audit and allowance of his claim for services as engineer, on the ground that the statute under which it was instituted was unconstitutional and that the court was without jurisdiction. The matter was heard by Callaghan, J., acting at the request and in the place -of Nelson, J., who dismissed the order to show cause obtained by C. W. Gove. From the order of dismissal, C. W. Gove appealed.
1Opinion of the CourtHarlaM, J.
In Judicial Ditch Proceedings Number Four (4) of Murray county, appellant, C. W. Gove, was duly appointed engineer. On August 31, 1916, the ditch proceeding was dismissed. On April 10, 1917, appellant presented to the judge of the district court of Murray county a bill for his services and expenses as such engineer, and the judge, acting under G. S. 1913, § 5571, audited the bill and ordered it paid. This order was reviewed by this court on certiorari and was reversed. State ex rel. County of Murray v. District Court of Thirteenth Judicial District, 138 Minn. 204, 164 N. W. 815. On January 3,…
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