Town of Tyrone v. Burns
Supreme Court of Minnesota
A petition of certain residents of the town of Tyrone, to the board of supervisors for the laying out and establishing a highway was-granted. The board awarded to defendant $150 as damages for his land taken for the highway which amount was paid to him. This action was brought in the district court for Le Sueur county by the board of supervisors to recover the money so paid on the ground that the proceedings before the town board were void for want of jurisdiction.
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A petition of certain residents of the town of Tyrone, to the board of supervisors for the laying out and establishing a highway was-granted. The board awarded to defendant $150 as damages for his land taken for the highway which amount was paid to him. This action was brought in the district court for Le Sueur county by the board of supervisors to recover the money so paid on the ground that the proceedings before the town board were void for want of jurisdiction. The case was tried before Morrison, J., who ordered judgment in favor of defendant. From an order denying its motion for a. new…
1Opinion of the CourtBrown, J.
Proceedings before the board of supervisors of the town of .Tyrone,. Le Sueur county, resulted in an order establishing and laying out a highway in said town. The highway so laid out extended over the land of several persons, including defendant. The board assessed to-defendant as damages for the- taking of his land the sum of $150. After the completion of the proceedings, the final order and assessment of damages, the town paid to defendant the amount so assessed to him, and he in turn executed and delivered to the officers thereof a release of all claim for damages because of the highway,…
2Cases cited5 opinions
- Hurst v. Town of MartinsburgSupreme Court of Minnesota · 1900
- Kidder v. JennisonSupreme Court of Vermont · 1849
- Kieckenapp v. SupervisorsSupreme Court of Minnesota · 1896
- Town of Lyle v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1893
- Anderson v. Town of DecoriaSupreme Court of Minnesota · 1898
3Cited by6 opinions
- In Re Appeal of SowersSupreme Court of Minnesota · 1928
- City of Springfield v. OwenSupreme Court of Missouri · 1914
- McCauley v. Town of McCauleyvilleSupreme Court of Minnesota · 1910
- Freeman v. Township of Pine CitySupreme Court of Minnesota · 1939
- State ex rel. Mass v. MorrisonSupreme Court of Minnesota · 1916
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