Legal Opinion

McCauley v. Town of McCauleyville

Supreme Court of Minnesota

Decided July 15, 1910No. Nos. 16,628—(213)PublishedCited by 5 opinions

Carrie W. McCauley appealed to the district court for Wilkin ■county from the order of the board of supervisors of the Town of McCauleyville establishing a public cartway over part of plaintiff’s land'. The appeal was heard before Elaherty, J., who ordered the proceedings of the board of supervisors vacated so far as they affected plaintiff. Erom an order denying defendant’s motion for a new trial, it appealed.

1Opinion of the Court

Start, C. T.

On August 5, 1909, the board of supervisors of the town of Mc-Cauleyville made its order purporting to lay out a public cartway or road, from which the respondent, an owner of land over which the road was attempted to be laid, appealed to the district court of the county of Wilkin, on the ground, with others, that the board was without jurisdiction in the premises. The trial court reversed the order of the board, and dismissed the proceedings as to the respondent. The town appealed from an order denying its motion for a new trial.

The only question presented by the record is…

2Cases cited10 opinions

  1. Dean v. GoddardSupreme Court of Minnesota · 1893
  2. Shelby v. HoustonCalifornia Supreme Court · 1869
  3. Quehl v. PetersonSupreme Court of Minnesota · 1891
  4. Cutting v. PattersonSupreme Court of Minnesota · 1901
  5. Thompson v. Town of BerlinSupreme Court of Minnesota · 1902

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3Cited by5 opinions

  1. Peterson v. Board of SupervisorsSupreme Court of Minnesota · 1937
  2. Sinclair v. MatterSupreme Court of Minnesota · 1914
  3. Succession of VeronieSupreme Court of Louisiana · 1920
  4. Peterson v. Board of SupervisorsSupreme Court of Minnesota · 1937
  5. Schleusner v. Murray CountyCourt of Appeals of Minnesota · 1987

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