State ex rel. Weide v. District Court Second Judicial Dist.
Supreme Court of Minnesota
Certiorari issued on the relation of Nellie M. Weide to the District Court of Bamsey County, Charles E. Otis, J., to certify and return to this Court the record and proceedings in the matter of assessment of benefits from opening a street. In the year 1886 the City of St. Paul laid out a street two hundred feet wide on the left bank of the Mississippi river from Chestnut Street to the outlet of Fountain Cave.
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Certiorari issued on the relation of Nellie M. Weide to the District Court of Bamsey County, Charles E. Otis, J., to certify and return to this Court the record and proceedings in the matter of assessment of benefits from opening a street. In the year 1886 the City of St. Paul laid out a street two hundred feet wide on the left bank of the Mississippi river from Chestnut Street to the outlet of Fountain Cave. The Board of Public Works made an assessment of benefits upon adjacent property, to pay the cost and expense of the condemnation of the land taken. The relator’s fifty lots in Kinney,…
1Opinion of the CourtYanderburgh, J.
Several objections to the assessment and judgment in question are raised in this court which were evidently not raised or considered in the District Court. The motion there made was to vacate and set aside the judgment entered against the real *59property specially described in tbe notice, on tbe ground that the-same was ordered through mistake and fraud.
It is evident that the claim that it was entered through fraud Avas abandoned, and the court failed to find that it was entered by mistake, and therefore denied the application. It is true that Mrs. Weide, in a separate notice, more specifically…
2Cases cited1 opinion
- Gilfillan v. HobartSupreme Court of Minnesota · 1886
3Cited by5 opinions
- Pierce v. Grand Army of the RepublicSupreme Court of Minnesota · 1945
- Otis v. City of St. PaulSupreme Court of Minnesota · 1907
- Kessler v. KruidenierSupreme Court of Minnesota · 1928
- Otis v. WeideSupreme Court of Minnesota · 1906
- Harvey v. MorseSupreme Court of Minnesota · 1916