In re Annexation to Fairbanks
District Court, D. Alaska
The town of Fairbanks, a municipal corporation, on the 25th of July, 1921, filed with the commissioner of the Fairbanks precinct a petition to annex- certain territory adjoining the town. This petition was filed pursuant to a resolution adopted by the common council of the municipality under the provisions of chapter 47 of the Territorial Session Taws of 1921. Section 2 of chapter 47 provides the manner in which notice of such proposed action shall be given.
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The town of Fairbanks, a municipal corporation, on the 25th of July, 1921, filed with the commissioner of the Fairbanks precinct a petition to annex- certain territory adjoining the town. This petition was filed pursuant to a resolution adopted by the common council of the municipality under the provisions of chapter 47 of the Territorial Session Taws of 1921. Section 2 of chapter 47 provides the manner in which notice of such proposed action shall be given. Section 4 provides that: “Whenever the common council, or trustees of any city, town or village, shall desire to enlarge the limits…
1Opinion of the Court
BUNNEEE, District Judge.
Section 1835 of the Compiled Eaws provides that:
“Upon the filing of the transcript with the clerk of the district court the appeal is perfected, and the action shall be deemed pending and for trial therein as if originally commenced in such court, and the district court shall proceed to hear,- try, and determine the same anew, without regarding any error or other imperfection in the original summons and the service thereof, or on the trial, judgment, or other proceeding of the justice or marshal in relation to the cause.”
The proceeding in the district court is…
2Cases cited31 opinions
- Forsyth v. HammondSupreme Court of the United States · 1897
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- People v. Town of OntarioCalifornia Supreme Court · 1906
- Forbes v. City of MeridianMississippi Supreme Court · 1905
- City of Hutchinson v. LeimbachSupreme Court of Kansas · 1903
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