Legal Opinion

County of McLeod v. Nutter

Supreme Court of Minnesota

Decided July 8, 1910No. Nos. 16,557—(142)PublishedCited by 3 opinions

Proceeding in the district court for McLeod county to determine the amount due the county from the defendants on account of expenses incurred by the county preliminary to the establishment of a judicial ditch in the counties of McLeod and Sibley. All the defendants had petitioned for the ditch and defendants Fred Knick, E. W. Knick and William Ellies had given bond in the sum of $2,000 to pay the preliminary expenses in case the ditch should not be established.

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Proceeding in the district court for McLeod county to determine the amount due the county from the defendants on account of expenses incurred by the county preliminary to the establishment of a judicial ditch in the counties of McLeod and Sibley. All the defendants had petitioned for the ditch and defendants Fred Knick, E. W. Knick and William Ellies had given bond in the sum of $2,000 to pay the preliminary expenses in case the ditch should not be established. The ditch was not .established and upon application of the county attorney, the court, Morrison, L, found in favor of the county and…

1Opinion of the CourtStart, C. J.

This proceeding was instituted in the district court of the county of McLeod upon the petition of the county attorney for a determination by the court of the amount of the expense which the petitioners and the principal and sureties on their bond should pay to the county of McLeod on account of certain judicial ditch proceedings which were instituted by the petitioners for the ditch, but which were dismissed by the court. The result of a hearing upon the petition of the county attorney was a judgment in favor of the county and against all the petitioners for such expenses in the sum of…

2Cases cited3 opinions

  1. In re BradleySupreme Court of Iowa · 1902
  2. Tiedt v. CarstensenSupreme Court of Iowa · 1884
  3. Andrews v. Town of MarionSupreme Court of Minnesota · 1877

3Cited by3 opinions

  1. State ex rel. County of Murray v. District CourtSupreme Court of Minnesota · 1917
  2. In Re the Establishment of County Ditch No. 11 (Bevens Creek)Court of Appeals of Minnesota · 1994
  3. County of Dodge v. MartinSupreme Court of Minnesota · 1965

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