Soule v. Thelander
Supreme Court of Minnesota
Plaintiff, in his complaint, (in the municipal court of Stillwater,) alleges that for ten years he' has been and is a citizen, resident taxpayer and legal voter in school-district No. 10 in Washington county; “that at the regular school meeting in the fall of 1881, held in and for said school-district, the voters of said district, being then and there duly assembled, voted and ordered that during the year 1882, school should be kept and maintained in said school-district for…
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Plaintiff, in his complaint, (in the municipal court of Stillwater,) alleges that for ten years he' has been and is a citizen, resident taxpayer and legal voter in school-district No. 10 in Washington county; “that at the regular school meeting in the fall of 1881, held in and for said school-district, the voters of said district, being then and there duly assembled, voted and ordered that during the year 1882, school should be kept and maintained in said school-district for the period of seven months,” (four in the winter and three in the summer,) “and the said school meeting then and there…
1Opinion of the CourtGilfillan, C. J.
The existence of school-district No. 10 is not artificially pleaded in the complaint; but, under the decisions in County of Redwood v. Tower, 28 Minn. 45; La Grange Mill Co. v. Bennewitz, Id. 62; Folsom v. County of Chisago, Id. 324; Johnson v. Rumsey, Id. 531; and Coolbaugh v. Roemer, 30 Minn. 424, relaxing in some degree the strictness formerly enforced, it is sufficient on that point. There can be no question that the pleader intended to rely upon the fact as part of the cause of action; the facts stated cannot, be true unless there was such a district, and no contrary inference-can be…
2Cases cited2 opinions
- Board of County Commissioners v. TowerSupreme Court of Minnesota · 1881
- Coolbaugh v. RoemerSupreme Court of Minnesota · 1883
3Cited by1 opinion
- Perkins v. MerrillSupreme Court of Minnesota · 1887