Legal Opinion

Smith v. City of St. Paul

Supreme Court of Minnesota

Decided June 25, 1896No. Nos. 9988-(221)PublishedCited by 14 opinions

'Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., overruling the demurrers of plaintiff to the complaints in intervention of St. Paul Trust Company-and Lucretia F. Sache.

1Opinion of the CourtMitchell, J.

The city of St. Paul had taken by condemnation proceedings a tract of land for the purpose of opening a street, the compensation or damages awarded being one gross sum for the entire tract. The plaintiff brought this action against the city to recover the amount of the award, alleging that' she was the owner of the entire tract. The St. Paul Trust Company and Mrs. Sache interposed “complaints in intervention,” alleging that they respectively owned certain portions of the tract, and hence were severally entitled to a part of the award. To these complaints the plaintiff demurred on the ground…

2Cases cited4 opinions

  1. In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
  2. Lewis v. HarwoodSupreme Court of Minnesota · 1881
  3. Tamm v. KelloggSupreme Court of Missouri · 1871
  4. Harris v. HowesSupreme Judicial Court of Maine · 1883

3Cited by14 opinions

  1. Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
  2. Kafka v. DavidsonSupreme Court of Minnesota · 1917
  3. Eyre v. City of FaribaultSupreme Court of Minnesota · 1913
  4. Oronoco School District v. Town of OronocoSupreme Court of Minnesota · 1927
  5. State ex rel. Kafka v. District CourtSupreme Court of Minnesota · 1915

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