Legal Opinion

Monfort v. Wheelock

Supreme Court of Minnesota

Decided November 28, 1899No. Nos. 11,735—(112)PublishedCited by 3 opinions

Action in the district court for Ramsey county by plaintiffs, as the Board of St. Paul Workhouse Directors, against defendants, as the Board of Park Commissioners of St. Paul, and Frederick Nuss-Daumer, superintendent of said board, to enjoin defendants from interfering with a certain tract of land. From an order, Jaggard, J., sustaining a demurrer to the complaint, plaintiffs appealed. Plaintiffs have capacity to sue.

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Action in the district court for Ramsey county by plaintiffs, as the Board of St. Paul Workhouse Directors, against defendants, as the Board of Park Commissioners of St. Paul, and Frederick Nuss-Daumer, superintendent of said board, to enjoin defendants from interfering with a certain tract of land. From an order, Jaggard, J., sustaining a demurrer to the complaint, plaintiffs appealed. Plaintiffs have capacity to sue. Public officers have power to sue commensurate with the proper protection of themselves and property in performance of public duties. Mechem, Pub. Off. §§ 893-896; Eouse v.…

1Opinion of the CourtCanty, J.

The city workhouse of St. Paul was located on a tract of land originally purchased, under and pursuant to Sp. Laws 1872, c. 8, for park purposes. The city council attempted to set aside 40 acres of that land for a workhouse site. After the park board was created and organized under Sp. Laws 1891, c. 35, the lands held by the city for park purposes passed under the control of that board. That board passed a resolution purporting to cut down the workhouse site to 15 acres in area (the 15-acre tract so designated includes the land on which the workhouse stands)? and declaring the rest of the…

2Cases cited1 opinion

  1. Willis v. Standard Oil Co.Supreme Court of Minnesota · 1892

3Cited by3 opinions

  1. Galob v. SanbornSupreme Court of Minnesota · 1968
  2. State ex rel. Finlayson v. GormanSupreme Court of Minnesota · 1912
  3. Webber v. Board of Park CommissionersSupreme Court of Minnesota · 1900

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