Pairier v. Board of County Commissioners
Supreme Court of Minnesota
The board of county commissioners for Itasca county denied an application of Louis Pairier for damages by reason of the location of a highway upon his land. He appealed to the district court of that county. When appellant rested at the trial, his appeal was dismissed for the reason that he had failed to prove any right to damages. From an order of the district court, Holland, J., denying a new trial Pairier appealed.
1Opinion of the CourtCollins, J.
The trial court erred when it dismissed this case at the conclusion of appellant’s evidence. It is conceded that this dismissal was based upon the fact, as appeáred from the proofs, that appellant’s only right or interest in the land over which the public *298road in question had been laid out and established by the county commissioners was that of one who had made a homestead entry upon government land, had paid the requisite fees, obtained the receiver’s receipt, and for more than two years thereafter had resided upon and cultivated the land under the homestead act and the rules prescribed by…
2Cases cited1 opinion
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
3Cited by4 opinions
- Hurst v. Town of MartinsburgSupreme Court of Minnesota · 1900
- Anderson v. Town of DecoriaSupreme Court of Minnesota · 1898
- Whitcomb v. ProvostWisconsin Supreme Court · 1899
- Hurst v. Town of MartinsburgSupreme Court of Minnesota · 1900