Pike v. City of Marshall
Supreme Court of Minnesota
Action in the district court for Lyon county to restrain defendants from proceeding with the performance of a contract to improve certain streets in defendant city, from levying an assessment therefor upon abutting property and from issuing certificates of indebtedness or other obligations of the city in payment of the improvement.
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Action in the district court for Lyon county to restrain defendants from proceeding with the performance of a contract to improve certain streets in defendant city, from levying an assessment therefor upon abutting property and from issuing certificates of indebtedness or other obligations of the city in payment of the improvement. Erom an order, Olsen, J., sustaining defendants’ demurrer to the complaint for the reason that it did not state facts sufficient to constitute a cause of action, plaintiff appealed.
1Opinion of the CourtHolt, J.
The appeal is from an order sustaining a demurrer to the complaint. The action is to enjoin the city of Marshall and its officers from paving certain streets. The complaint alleges that plaintiff is a taxpayer in the city of Marshall, a city of the fourth class, organized under the laws of this state; that the city council has properly passed resolutions authorizing certain streets in the city to be paved, and all the steps prescribed by chapter 65, p. 62, Laws 1919, have been taken to make the improvement, including the letting of the contract therefor to the defendant Fielding & Shipley, a…
2Cases cited7 opinions
- Alexander v. McInnisSupreme Court of Minnesota · 1915
- Van Pelt v. BertilrudSupreme Court of Minnesota · 1912
- Wall v. County of St. LouisSupreme Court of Minnesota · 1908
- Beck v. City of St. PaulSupreme Court of Minnesota · 1902
- Christie v. City of DuluthSupreme Court of Minnesota · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Marshall v. KalmanSupreme Court of Minnesota · 1922
- Roe v. City of DuluthSupreme Court of Minnesota · 1922
- Borgerding v. Village of FreeportSupreme Court of Minnesota · 1926
- Oakman v. City of EvelethSupreme Court of Minnesota · 1922
- Bergman v. Village of Golden ValleySupreme Court of Minnesota · 1937
2 more not listed; retrieve them via the Exa API.