Legal Opinion

Mapes v. Board of Commissioners

Supreme Court of Minnesota

Decided January 15, 1866PublishedCited by 3 opinions

The plaintiff brought this action -to recover compensation for keeping reception books, as required by Sec. 22, pages 156-7, and Sec. 35, page 159, Pub. Stat., while register of deeds of Olmsted county. Issue was joined, and the cause was tried by the court without a jury.

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The plaintiff brought this action -to recover compensation for keeping reception books, as required by Sec. 22, pages 156-7, and Sec. 35, page 159, Pub. Stat., while register of deeds of Olmsted county. Issue was joined, and the cause was tried by the court without a jury. In the decision, the facts are found as follows : “ That the plaintiff was the register of deeds, etc., * * * and as such register, kept books in his office called ‘reception record,’ and that said reception record was not kept in accordance with the provisions and regulations of the statute, in this : that’said reception…

1Opinion of the Court

By the Gowrt

Berry, J.

This action is brought by a register of deeds of Olmsted county, to recover compensation on a quantum meruit, for keeping reception books, under Sec. 22, pages 156-7, and Sec. 35, page 159, Pub. Stat.

I. The defense consisted in part of the fact that these books had not been kept in compliance with the requirements of Sec. 22. This defense was not specially set up in the answer; but asthe action is upon a quantum meruit, and the books, upon the face of which the alleged defects were patent, were introduced in evidence by the appellant himself as a part of his case, and…

2Cases cited6 opinions

  1. Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
  2. Cunningham v. . JonesNew York Court of Appeals · 1859
  3. Campbell v. . ButtsNew York Court of Appeals · 1849
  4. Hough v. Board of County CommissionersSupreme Court of Minnesota · 1864
  5. Mason & Craig v. HeywardSupreme Court of Minnesota · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gildenhorn v. Columbia Real Estate Title InsuranceCourt of Appeals of Maryland · 1974
  2. Phillips v. InsleyCourt of Appeals of Maryland · 1910
  3. Nordin v. Board of County CommissionersSupreme Court of Minnesota · 1876

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