Legal Opinion

State ex rel. Hoefs v. District Court

Supreme Court of Minnesota

Decided January 27, 1911No. Nos. 16,742—(40)PublishedCited by 12 opinions

In the district court for McLeod county judgment was entered in the case of Alfred H. Mills against Charles Senescall and seven other defendants; one of whom was Eudolph Hoefs, enjoining the defendants perpetually from constructing a certain ditch or in any manner interfering with the level of Cedar lake.

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In the district court for McLeod county judgment was entered in the case of Alfred H. Mills against Charles Senescall and seven other defendants; one of whom was Eudolph Hoefs, enjoining the defendants perpetually from constructing a certain ditch or in any manner interfering with the level of Cedar lake. Thereafter, upon the affidavit of the plaintiff in that action, Kudolph Hoefs was brought before that court charged with contempt of court in violating that injunction, and after hearing before Morrison, J., was adjudged guilty. He then obtained from this court a writ of certiorari directed…

1Opinion of the CourtBrown, J.

Plaintiff owns property bordering upon a large meandered lake. Defendants Hoefs, Johnson, Badenz, Makedanz, Wendorf, and Falconer also own- property bordering or in the vicinity of the lake; that of defendant Hoefs being located at the outlet thereof. In 1908 the defendants named entered into a contract with defendants Senescall Brothers for the construction of a ditch at the outlet of the lake, for the purpose of lowering the waters thereof and reclaiming adjoining low, swampy land. Whereupon plaintiff brought this action to restrain defendants from so doing, on the ground that the lowering…

2Cases cited8 opinions

  1. Murphey v. HarkerSupreme Court of Georgia · 1902
  2. State ex rel. Warfield v. BechtSupreme Court of Minnesota · 1877
  3. Wilcox Silver Plate Co. v. SchimmelMichigan Supreme Court · 1886
  4. Cochran v. CochranSupreme Court of Minnesota · 1904
  5. Kingsley v. AndersonSupreme Court of Minnesota · 1908

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Hopp v. HoppSupreme Court of Minnesota · 1968
  2. Van Dyke v. Superior CourtArizona Supreme Court · 1922
  3. Wenger v. WengerSupreme Court of Minnesota · 1937
  4. Louisiana State Board of Medical Examiners v. EnglandSupreme Court of Louisiana · 1968
  5. Campbell v. Motion Picture Machine OperatorsSupreme Court of Minnesota · 1922

7 more not listed; retrieve them via the Exa API.

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