Cunningham v. County of Big Stone
Supreme Court of Minnesota
J. M. Cunningham and Edmund O’Connor appealed to the district court for Big Stone county from an assessment of benefits and award of damages in proceedings to establish Judicial Ditch No. 4 in the counties of Traverse and Big Stone. The appeals were heard before Elaherty, J., and a jury which assessed the benefits against certain specified parcels of land and found that other parcels of land were not damaged.
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J. M. Cunningham and Edmund O’Connor appealed to the district court for Big Stone county from an assessment of benefits and award of damages in proceedings to establish Judicial Ditch No. 4 in the counties of Traverse and Big Stone. The appeals were heard before Elaherty, J., and a jury which assessed the benefits against certain specified parcels of land and found that other parcels of land were not damaged. Erom orders denying appellants’ motions for a new trial, they appealed.
1Opinion of the CourtBunn, J.
In judicial ditch proceedings, the court below made its order establishing the ditch and determining the amount of benefits to be assessed against the lands of appellants. Dnder Laws 1905, p-. 303, c. 230, as amended, appellants demanded a jury trial. Their cases were consolidated, and tried together. The result was a verdict in each case fixing the benefits at the exact sum that was assessed by the viewers and determined by the court. The case comes hére on an appeal by each of the two appellants from an order denying his motion for a new trial.
The ditch as established is a branch ditch,…
2Cases cited1 opinion
- Dodge v. County of MartinSupreme Court of Minnesota · 1912
3Cited by7 opinions
- State v. PearsonSupreme Court of Minnesota · 1961
- Falkenhagen v. Counties of Yellow Medicine & Lac Qui ParleSupreme Court of Minnesota · 1919
- State Ex Rel. Helling v. Independent Consolidated School District No. 160Supreme Court of Minnesota · 1958
- In re County Ditch No. 33Supreme Court of Minnesota · 1921
- Rooney v. County of StearnsSupreme Court of Minnesota · 1915
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