Heinz v. Buckham
Supreme Court of Minnesota
Petition of August Heinz and others for a writ of certiorari to Thomas S. Buckham, district judge, and others. A petition was filed in the district court of Steele county on August 38, 1907, for the establishment of a described judicial ditch in the counties of Waseca and Steele.
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Petition of August Heinz and others for a writ of certiorari to Thomas S. Buckham, district judge, and others. A petition was filed in the district court of Steele county on August 38, 1907, for the establishment of a described judicial ditch in the counties of Waseca and Steele. Notice was given of the first hearing, set for October 14, 1907, requiring objectors to “show cause, if any there be, why said ditch, drain, or watercourse should not be constructed in accordance with said petition.”' On December 34, 1907, after hearing the evidence, the district court found, inter alia, that said…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
Objection has been made to the sufficiency of the proceedings on trial at the second hearing to present to this court the questions which will be hereinafter considered and to the sufficiency of the motion to dismiss this writ. A liberal construction of the record, including a stipulation by counsel in the trial court, justifies, in accordance with the established appellate practice, the conclusion that the questions hereafter to be considered were fairly presented for determination upon their merits, and that the technical propositions made by both parties…
2Cases cited3 opinions
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Alstad v. SimNorth Dakota Supreme Court · 1906
- Chicago, Milwaukee & St. Paul Railway Co. v. Lemonweir River Drainage DistrictWisconsin Supreme Court · 1908
3Cited by4 opinions
- Schultz v. County of ChippewaSupreme Court of Minnesota · 1953
- State Ex Rel. Mosloski v. County of MartinSupreme Court of Minnesota · 1957
- In re Judicial Ditch Number 6Supreme Court of Minnesota · 1923
- State ex rel. Schafer v. BuckhamSupreme Court of Minnesota · 1909