Legal Opinion

Hansen v. Town of Verdi

Supreme Court of Minnesota

Decided April 26, 1901No. Nos. 12,310 — (26)PublishedCited by 6 opinions

Action in the district court for Lincoln county to enjoin defendant from entering upon the premises of plaintiff and constructing a public highway thereon. The case was tried before Webber, J., who found in favor of the defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

1Opinion of the CourtLewis, J.

In 1888 the authorities of the town of Verdi attempted to lay out a public highway over the premises now owned by appellant. Such action was void for the reason that the petition was defective and no jurisdiction ever acquired. It appears that the line of road thus attempted to be made a legal highway for some years prior to 1888 had been, and ever since has been, more or less continuously traveled by the public. This action was commenced by appellant to enjoin the town authorities from entering upon his premises and improving the road in question.

The trial court found in favor of respondent,…

2Cases cited3 opinions

  1. Marchand v. Town of Maple GroveSupreme Court of Minnesota · 1892
  2. Miller v. Town of CorinnaSupreme Court of Minnesota · 1890
  3. Rogers v. Town of AitkinSupreme Court of Minnesota · 1899

3Cited by6 opinions

  1. State Ex Rel. Carter County v. LewisMissouri Court of Appeals · 1956
  2. Town of Wells v. SullivanSupreme Court of Minnesota · 1914
  3. John A. Stees Co. v. ReinhardtSupreme Court of Minnesota · 1919
  4. Minneapolis Brewing Co. v. City of East Grand ForksSupreme Court of Minnesota · 1912
  5. Jeppson v. AlmquistSupreme Court of Minnesota · 1905

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