Hurst v. Town of Martinsburg
Supreme Court of Minnesota
From an order of the supervisors of towns of Martinsburg and Wellington laying out a highway, John Hurst appealed to the district court for Renville county. In the district court the appeal was heard before Powers, J., who found in favor of appellant. From a judgment reversing the order of the supervisors respondent towns appealed to the supreme court.
1Opinion of the CourtBrown, J.
Proceedings under G. S. 1894, § 1824, were duly commenced for laying out a highway on the line between two towns. The town boards of supervisors of the towns interested ordered the road laid out. The respondent appealed therefrom to the district court, where the proceedings were dismissed for want of jurisdiction, and the towns appeal to this court. Three questions are presented and argued in this court: (1) Whether the section of the statutes under which the proceedings are pending is unconstitutional and void; (2) whether such section was repealed by Laws 1-891, c. 150 (see section 1838);…
2Cases cited9 opinions
- City of San Diego v. GrannissCalifornia Supreme Court · 1888
- Kieckenapp v. SupervisorsSupreme Court of Minnesota · 1896
- Town of Haven v. OrtonSupreme Court of Minnesota · 1887
- Burkleo v. County of WashingtonSupreme Court of Minnesota · 1888
- Schuster v. Supervisors of LemondSupreme Court of Minnesota · 1880
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3Cited by18 opinions
- State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Hunter v. City of TracySupreme Court of Minnesota · 1908
- Thompson v. Town of BerlinSupreme Court of Minnesota · 1902
- State ex rel. Hughes v. ReusswigSupreme Court of Minnesota · 1910
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