Legal Opinion

Alexander v. McInnis

Supreme Court of Minnesota

Decided March 19, 1915No. Nos. 19,212-(306)PublishedCited by 13 opinions

Action in tbe district court for St. Louis county against tbe county commissioners, county treasurer and county auditor of that county, to restrain them from executing and selling state rural highway bonds for the benefit of state rural highway No. 4. From an order, Fesler, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

1Opinion of the Court

Dibell, C.

This action is brought to restrain the defendants, who are the commissioners, treasurer and auditor of St. Louis county, from issuing bonds for the construction of a state rural highway. The defendants demurred to the complaint. The demurrer was sustained. The plaintiff appeals from the order sustaining it.

The plaintiff is a property owner and a taxpayer in the city of Duluth. The state rural highway, for which it is proposed to issue bonds, is wholly within St. Louis county. The plaintiff owns no land specially benefited by the highway.

The statutory authority for the construction…

2Cases cited13 opinions

  1. Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
  2. Smith v. Board of CommissionersIndiana Supreme Court · 1910
  3. State ex rel. Jonason v. CrosbySupreme Court of Minnesota · 1904
  4. Maltby v. TautgesSupreme Court of Minnesota · 1892
  5. State ex rel. Spencer v. EnsignSupreme Court of Minnesota · 1893

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

3Cited by13 opinions

  1. Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
  2. Hassler v. EngbergSupreme Court of Minnesota · 1951
  3. In re HullSupreme Court of Minnesota · 1925
  4. Marble v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1927
  5. In re Improvement of Lake of the Isles ParkSupreme Court of Minnesota · 1922

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

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