Hennessy v. City of St. Paul
Supreme Court of Minnesota
Appeal by plaintiff, David J. Hennessy, from an order of the District Court of Eamsey County, Jno. W. Willis, J., made March. 25, 1893, denying his motion for a new trial. The plaintiff owned lot twelve (12) in block twelve (12) in St. Paul proper. The city laid out and opened an alley ten feet wide-through the block from Fifth to Sixth Street. The Board of Public Works made, and on December 11, 1885, confirmed, an assessment against lot twelve of $2,600 for benefits.
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Appeal by plaintiff, David J. Hennessy, from an order of the District Court of Eamsey County, Jno. W. Willis, J., made March. 25, 1893, denying his motion for a new trial. The plaintiff owned lot twelve (12) in block twelve (12) in St. Paul proper. The city laid out and opened an alley ten feet wide-through the block from Fifth to Sixth Street. The Board of Public Works made, and on December 11, 1885, confirmed, an assessment against lot twelve of $2,600 for benefits. This assessment was not paid, and the City Treasurer made application in the-District Court for judgment against the lot. It…
1Opinion of the CourtMitchell, J.
This is the ordinary statutory action to determine an adverse claim to real estate. The claim set up - in the answers is under a sale of the property under a judgment in favor of the defendant city against the land for an assessment for benefits, from laying out and opening an alley contiguous to the property. In his reply' the plaintiff assails both the judgment and the sale under it. The consideration of the case is much simplified from the-*221fact that tbe attack on tbe judgment is collateral, and bence can ■only succeed on tbe ground that tbe court rendering tbe judgment was without…
2Cases cited6 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. WhitneySupreme Court of the United States · 1881
- Fortier v. New Orleans National BankSupreme Court of the United States · 1884
- Merchants' National Bank of St. Paul v. HansonSupreme Court of Minnesota · 1884
- Albrecht v. City of St. PaulSupreme Court of Minnesota · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Morey v. City of DuluthSupreme Court of Minnesota · 1899
- Security State Bank of Wishek v. StateNorth Dakota Supreme Court · 1970
- Security Trust Co. v. HeyderstaedtSupreme Court of Minnesota · 1896
- Anderson v. First Nat'l BankNorth Dakota Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.