County of Morrison v. Lejouburg
Supreme Court of Minnesota
Action in the district court for Morrison county to recover $606.75 upon defendants’ bond, given pursuant to Laws 1905, c. 230, to secure payment of the preliminary expenses in a certain ditch proceeding. The case was tried before Nye, J., who made findings and ordered judgment in favor of plaintiff for the sum of $355.80. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.
1Opinion of the Court
Dibell, C.
This is an action by the plaintiff county against the defendants on a bond in a ditch proceeding given pursuant to Laws 1905, p. 303, c. 230. There were findings for the plaintiff and the defendants appeal from the order denying their motion for a new trial.
1. The defendants who executed the bond were petitioners in the ditch proceeding. The description of the route and termini of the ditch was defective. We assume that the proceeding was without jurisdiction. The bond was conditioned, as required by the statute, to pay all expenses in case the county board failed to establish the…
2Cases cited3 opinions
- Andrews v. School-District No. 4Supreme Court of Minnesota · 1886
- Craver v. ChristianSupreme Court of Minnesota · 1885
- McCune v. EatonSupreme Court of Minnesota · 1899
3Cited by7 opinions
- Fox v. FoxSupreme Court of Minnesota · 1923
- Lower v. FroelichSupreme Court of Minnesota · 1921
- Mardorf v. Duluth-Superior Transit Co.Supreme Court of Minnesota · 1934
- County of Cottonwood v. EichnerSupreme Court of Minnesota · 1930
- County of Nicollet v. SchouvellerSupreme Court of Minnesota · 1926
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