Legal Opinion

Guilder v. Dayton

Supreme Court of Minnesota

Decided January 28, 1876PublishedCited by 5 opinions

By Sp. Laws 1870, cb. 100, E. H. Eobinson, Neil McNeil, of Hennepin county, and A. Bartlett, of Wright county, are appointed commissioners “for the purpose of 'Contracting for and superintending the rebuilding of the bridge across Crow river, near its mouth, between the town of Dayton, in the county of Hennepin, and the town of Otsego, in the county of Wright.”

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By Sp. Laws 1870, cb. 100, E. H. Eobinson, Neil McNeil, of Hennepin county, and A. Bartlett, of Wright county, are appointed commissioners “for the purpose of 'Contracting for and superintending the rebuilding of the bridge across Crow river, near its mouth, between the town of Dayton, in the county of Hennepin, and the town of Otsego, in the county of Wright.” It is also provided “that if either of said commissioners shall be unable to ■discharge said duties, he shall have power to substitute some one, at any time, to act in his stead, and the action of such substitute shall be legal and…

1Opinion of the CourtBerry, J.

When this case was before this court at April term, 1873, (see Guilder v. Town of Otsego, 20 Minn. 74,) it was argued that the special act involved in its determination (Sp. Laws 1870, ch. 100,) was repugnant to the provisions of our constitution, (art. 9, §§ 1, 2, 3, 4,) requiring all taxes to be equal, and to be levied upon a “ cash valuation,” and to art. 11, § 5, which declares that “ any county and township organization shall have such powers of local taxation as may be prescribed by law.’ In passing upon these objections we held, in effect, that in the exercise of its general…

2Cases cited1 opinion

  1. Guilder v. Town of OtsegoSupreme Court of Minnesota · 1873

3Cited by5 opinions

  1. State ex rel. Arpin v. GeorgeSupreme Court of Minnesota · 1913
  2. State ex rel. Skyllingstad v. GunnSupreme Court of Minnesota · 1904
  3. St. Paul & Sioux City Railroad v. RobinsonSupreme Court of Minnesota · 1889
  4. Board of Supervisors v. Ionia Circuit JudgeMichigan Supreme Court · 1903
  5. J & W Asphalt, Inc. v. Belle Plaine Township, State of Minnesota, Department of TransportationCourt of Appeals of Minnesota · 2016

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