City of Mankato v. Barber Asphalt Paving Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. On February 21, 1902, the common council of the city of Mankato, Minn., plaintiff in error, adopted a report of its committee on streets to the effect that public necessity required that Broad street, from Lincoln to Pine streets, should be paved with asphaltum, 30 feet in width, and that the street should be otherwise improved by curbing and guttering; and, pursuant to the requirement of the…
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In Error to the Circuit Court of the United States for the District of Minnesota. On February 21, 1902, the common council of the city of Mankato, Minn., plaintiff in error, adopted a report of its committee on streets to the effect that public necessity required that Broad street, from Lincoln to Pine streets, should be paved with asphaltum, 30 feet in width, and that the street should be otherwise improved by curbing and guttering; and, pursuant to the requirement of the charter of the city, referred the matter to the board of public works. On March 7, 1902, the board reported back to the…
1Opinion of the CourtAdams, Circuit Judge
A jury having been waived and no special finding of facts requested or made, there is nothing -to review except the questions: Whether the judgment as rendered is supported by the pleadings? Whether there is any substantial evidence to support it? And whether error was committed in the admission or exclusion of evidence? Lehnen v. Dickson, 148 U. S. 71, 13 Sup. Ct. 481, 37 L. Ed. 373; Beuttell v. Magone, 157 U. S. 154, 15 Sup. Ct 566, 39 L. Ed. 654; Phenix Ins. Co. v. Kerr, 64 C. C. A. 251, 129 Fed. 723, 66 L. R. A. 569; York v. Washburn, 64 C. C. A. 132, 129 Fed. 564. Most of the important…
2Cases cited46 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Beuttell v. MagoneSupreme Court of the United States · 1895
41 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- O'Neil v. Wolcott Mining Co.Court of Appeals for the Eighth Circuit · 1909
- S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
- M. H. Pulaski Co. v. United StatesCourt of Customs and Patent Appeals · 1915
- Moore v. City of NampaSupreme Court of the United States · 1928
- E. I. Du Pont De Nemours & Co. v. Sylvania Industrial Corp.Court of Appeals for the Fourth Circuit · 1941
25 more not listed; retrieve them via the Exa API.