Bingham v. Board of Supervisors of Winona County
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OS’ WINONA COUNTY. Points and Authorities of Appellant. I. — The Court erred in deciding and holding, as matter of law, that the Defendants were not indebted to the Plaintiff in any sura whatever, on account of the matters set out and alleged in the complaint. Comp Stats., p. 198, see. 5. In construing statutes an interpretation must never be adopted that will defeat its own purpose, if it will admit of any reasonable construction.
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APPEAL FROM THE DISTRICT COURT OS’ WINONA COUNTY. Points and Authorities of Appellant. I. — The Court erred in deciding and holding, as matter of law, that the Defendants were not indebted to the Plaintiff in any sura whatever, on account of the matters set out and alleged in the complaint. Comp Stats., p. 198, see. 5. In construing statutes an interpretation must never be adopted that will defeat its own purpose, if it will admit of any reasonable construction. The Emily and the Caroline, 9 Wheat. 381. So, also, in construing statutes, the intention of the Legislature must not be defeated,…
1Opinion of the Court
*444 By the Oourt.
Atwateb, J.
The Appellant was treasurer of Winona county for the years 1858-9, and brought this action to recover the amount of $1,212.75, alleged to be due him from the county upon a sale of lands for delinquent taxes in April, 1859, and executing certificates therefor. The Plaintiff alleges that he executed 1607 certificates for the use and benefit of the county, which embraced and included therein the number of 1757 separate parcels of land ; that the county of Winona became indebted to him thereon in the sum above stated, being the sum of seventy-five cents for each of said…
2Cases cited2 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1861
3Cited by22 opinions
- Federal Crude Oil Co. v. Yount-Lee Oil Co.Texas Supreme Court · 1932
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Borough of Henderson v. County of SibleySupreme Court of Minnesota · 1881
- Bettenbrock v. MillerIndiana Supreme Court · 1916
- Guilder v. Town of OtsegoSupreme Court of Minnesota · 1873
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