Schwede v. Town of Burnstown
Supreme Court of Minnesota
Appeal by Schwede from an order of the district court for Brown county, Webber, J., presiding, dismissing his appeal from an order of the board of supervisors of the town of Burnstown, laying out a highway.
1Opinion of the CourtBerry, J.
1. By Gen. St. 1878, c. 13, § 62, as amended by Laws 1881, c. 23, § 1, where the amount of damages claimed (as in the ease at bar) on account of laying out a highway exceeds $100, an appeal “may be taken within thirty days to the district court of the county in which such damages are sustained, by filing in the office of the clerk * * * a bond, to be approved by the judge of such district court, or the court commissioner or the county auditor of the county,” and by service of a prescribed notice. The appeal, being purely statutory, must be taken as the statute directs, and hence the filing of…
2Cases cited6 opinions
- Wait v. . Van AllenNew York Court of Appeals · 1860
- Klein v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- State ex rel. County of Houston v. FitchSupreme Court of Minnesota · 1883
- Marsile v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1876
- Van Slyke v. SchmeckNew York Court of Chancery · 1843
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3Cited by4 opinions
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- State Ex Rel. City of Minneapolis v. BoucherSupreme Court of Minnesota · 1927
- City of Austin v. WrightSupreme Court of Minnesota · 1962
- Hagemeyer v. Board of County CommissionersSupreme Court of Minnesota · 1898