Rogers v. City of St. Paul
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for Ramsey county, O. B. Lewis, J., overruling a demurrer to tbe complaint. Even assuming that plaintiffs bad paid tbe assessment, they cannot recover except upon a showing tbat tbe money bas not been devoted to tbe purpose for which it was raised, but that it still remains in the city’s treasury.
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Appeal by defendant from an order of tbe district court for Ramsey county, O. B. Lewis, J., overruling a demurrer to tbe complaint. Even assuming that plaintiffs bad paid tbe assessment, they cannot recover except upon a showing tbat tbe money bas not been devoted to tbe purpose for which it was raised, but that it still remains in the city’s treasury. The court in McConville v. City of St. Paul, 75 Minn. 383, did not have its attention drawn to the determining fact,, that the money raised by assessment to defray the expenses of the improvement had all been expended in that undertaking. This…
1Opinion of the CourtLewis, J.
The complaint, in substance, alleges that on August 18, 1891, the defendant instituted proceedings, for condemning and taking an easement in the land abutting on East Third street from Earl street, a mile and a half west of White Bear avenue, to the east city limits, a total distance of two and a half miles; that this easement was deemed necessary for the construction of cuts and fills in grading East Third street for this entire distance, the easterly mile of which had not been opened as a street until January 20, 1891; that this grading had been ordered as a single improvement; that the…
2Cases cited3 opinions
- Valentine v. City of St. PaulSupreme Court of Minnesota · 1886
- McConville v. City of St. PaulSupreme Court of Minnesota · 1899
- Strickland v. City of StillwaterSupreme Court of Minnesota · 1895
3Cited by4 opinions
- State v. HolmesSupreme Court of Minnesota · 1925
- Clise v. City of SeattleWashington Supreme Court · 1929
- Rogers v. City of St. PaulSupreme Court of Minnesota · 1902
- Pieper v. MacLarenSupreme Court of Minnesota · 1908