Legal Opinion

Connor v. County of Martin

Supreme Court of Minnesota

Decided February 3, 1922No. 22,544PublishedCited by 6 opinions

Theclda Connor and others appealed to the district court for Martin county from an order of the Martin' county board for the reconstruction and repair of Judicial Ditch No. 17 and fixing benefits and damages, and demanded jury trials. The opinion gives the facts. The appeals were heard by Dean, J., who denied the motion of the county to dismiss the appeals, and a jury which assessed benefits to the lands otf appellants.

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Theclda Connor and others appealed to the district court for Martin county from an order of the Martin' county board for the reconstruction and repair of Judicial Ditch No. 17 and fixing benefits and damages, and demanded jury trials. The opinion gives the facts. The appeals were heard by Dean, J., who denied the motion of the county to dismiss the appeals, and a jury which assessed benefits to the lands otf appellants. From an order denying its motion for judgment affirming the assessments made by the county board notwithstanding the verdict, or for a new trial, the county of Martin appealed.

1Opinion of the CourtDibell, J.

Eight property owners, affected by assessments for benefits for a ditch in Martin county, appealed to the district court. The court *285denied the motion of the county to dismiss their appeals. The basis of the motion was the failure of the notices of appeal to state the grounds as required by statute. Benefits were then assessed by a jury. The county appeals from an order denying its alternative motion for judgment or a new trial.

1. The statute permits an appeal to the district court from an order determining the amount of benefits, or determining the amount of damages, or refusing to establish…

2Cases cited2 opinions

  1. State ex rel. Kolars v. County BoardSupreme Court of Minnesota · 1922
  2. Lee v. County of JacksonSupreme Court of Minnesota · 1922

3Cited by6 opinions

  1. County of Brown v. MartinsenSupreme Court of Minnesota · 1922
  2. Jagodzinske v. County of MartinSupreme Court of Minnesota · 1953
  3. Fischer v. MachtSupreme Court of Minnesota · 1962
  4. Lee v. County of JacksonSupreme Court of Minnesota · 1922
  5. In Re Improvement of Co. Ditch No. 21, Redwood Co.Supreme Court of Minnesota · 1962

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