Anderson v. Town of Decoria
Supreme Court of Minnesota
From an order of the district court for Blue Earth county, Severance, J., denying a new trial, after a verdict that plaintiff was entitled to $150 damages by reason of the laying out of a highway across his land, plaintiff appealed. The statutory notice for the hearing of a road petition is jurisdictional. Town of Lyle v. Chicago, M. & St. P. Ry.
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From an order of the district court for Blue Earth county, Severance, J., denying a new trial, after a verdict that plaintiff was entitled to $150 damages by reason of the laying out of a highway across his land, plaintiff appealed. The statutory notice for the hearing of a road petition is jurisdictional. Town of Lyle v. Chicago, M. & St. P. Ry. Co., 55 Minn. 223; G. S. 1894, §§ 1808, 1809. Unless there is an express consent to the laying out of the road or to the acceptance of the damages awarded, an occupant of land cannot be held to have waived his right to notice by appearing at the…
1Opinion of the CourtCollins, J.
Anderson appealed to the district court from an order made by the supervisors of defendant town laying out a highway across his farm, and assessing his damages at $150, for the purpose of wholly reversing the action of the board, on the ground of illegality in the proceedings, and also to secure an increase in the amount of damages, in case the location of the highway was confirmed. This he had the right to do. Pairier v. Board of Co. Commrs., 68 Minn. 297, 71 N. W. 382. The appeal was duly tried in district court, and the order appealed from was affirmed in all respects. The present appeal…
2Cases cited2 opinions
- Kieckenapp v. SupervisorsSupreme Court of Minnesota · 1896
- Pairier v. Board of County CommissionersSupreme Court of Minnesota · 1897
3Cited by5 opinions
- Hurst v. Town of MartinsburgSupreme Court of Minnesota · 1900
- Town of Tyrone v. BurnsSupreme Court of Minnesota · 1907
- Peterson v. Board of SupervisorsSupreme Court of Minnesota · 1937
- Freeman v. Township of Pine CitySupreme Court of Minnesota · 1939
- Bruns v. Town of NicolletSupreme Court of Minnesota · 1930