Legal Opinion

Town of Haven v. Orton

Supreme Court of Minnesota

Decided November 22, 1887PublishedCited by 10 opinions

A. P. Orton appealed to tbe district court for Sherburne county from an order of the supervisors of the town of Haven laying out a highway, and appeals to this court from an order of the district court, Baxter, 3., presiding, dismissing the appeal.

1Opinion of the CourtMitchell, J.

1. Appeal from an order of the district court dismissing an appeal from an order of the town supervisors laying out a highway, and from their award of damages. Such an order is ap-pealable under Gen. St. 1878, c. 86, § 8, subsec. o, as one “which, in effect, determines the action, and prevents a judgment from which an appeal might be taken.” Ross v. Evans, 80 Minn. 206, (14 N. W. Rep. 897.)

2. If a notice of appeal has been actually served upon the chairman of the board of supervisors, the fact that proof of such service *446bas not been filed with the clerk of the district court would be no…

2Cases cited1 opinion

  1. Ross v. EvansSupreme Court of Minnesota · 1883

3Cited by10 opinions

  1. Hurst v. Town of MartinsburgSupreme Court of Minnesota · 1900
  2. Anderson v. County of MeekerSupreme Court of Minnesota · 1891
  3. State Ex Rel. Driscoll v. EnersenSupreme Court of Minnesota · 1931
  4. Thompson v. Town of BerlinSupreme Court of Minnesota · 1902
  5. In Re Guardianship of JausSupreme Court of Minnesota · 1936

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