Nash v. City of Glen Elder

The opinion of the court was delivered by

Porter, J.:

The city of Glen Elder, a city of the third class, presented an application to the board of county commissioners of Mitchell county, under section 1172 of the General Statutes of 1901, for authority to extend its city limits. The application came on for hearing February 23, 1905, and the order was granted. The appellants own land affected by the order, and appealed to the district court. The city filed a motion to dismiss the appeal, on the ground that section 1175 of the General Statutes of 1901, authorizing an appeal from such an order, is…