State ex rel. Williams v. Holman
Supreme Court of Minnesota
Certiorari, to review the action of a jury summoned by the respondent, a justice of the peace, reversing an order of the relators, supervisors of the town of Sumner, in Fillmore county, discontinuing a highway, the appeal from such order having been taken by John D. Gregory.
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Certiorari, to review the action of a jury summoned by the respondent, a justice of the peace, reversing an order of the relators, supervisors of the town of Sumner, in Fillmore county, discontinuing a highway, the appeal from such order having been taken by John D. Gregory. The supervisors moved before the justice for a dismissal of the appeal on the ground that the appellant had no interest in the highway, and was not aggrieved by the order, which motion was denied, and they excepted.
1Opinion of the CourtGilfillan, C. J.
So far as relates to the right to appeal from the action of the supervisors discontinuing the road to a justice of the peace and a jury, the case is not essentially different from that of State v. Barton, 36 Minn. 145, (30 N. W. Rep. 454.) In that case the party appealing was a farmer, and the change in the road made the distance to the city, where he marketed the proceeds of his farm, *370half a mile greater than before, and the new road was, from the character of its soil, and other conditions, much more difficult to travel than the old one. In this case the party appealing owned a hotel near…
2Cases cited2 opinions
- Schuster v. Supervisors of LemondSupreme Court of Minnesota · 1880
- State ex rel. Board of County Commissioners v. BartonSupreme Court of Minnesota · 1886
3Cited by3 opinions
- Anderson v. County of MeekerSupreme Court of Minnesota · 1891
- Zettel v. City of West BendWisconsin Supreme Court · 1891
- Wendt v. Board of SupervisorsSupreme Court of Minnesota · 1902