Gurney v. City of St. Paul
Supreme Court of Minnesota
This was a proceeding on behalf of the city of St. Paul, by its board of water commissioners, to take lands for the use of its water-works. The city and the board appeal from an order of the district court for Ramsey county, Simons, J., presiding, refusing to dismiss Gurney’s appeal from the award of damages.
1Opinion of the CourtBerry, J.
From an award of commissioners appointed pursuant to Sp. Laws 1881, c. 188, Gurney (the present respondent) undertook to appeal to the district court of Ramsey county, and to jihis end filed notice of appeal within the. thirty days prescribed for that purpose, but failed to file a bond for costs until after the 30 days had expired. The city (the present appellant) moved the district court to dismiss the appeal, upon the ground that the filing of the bond within the 30 days was essential to the validity of the appeal, and therefore indispensable to the jurisdiction of the court. From an order…
2Cases cited2 opinions
- In re the proceedings by the St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1885
- Rabitte v. NathanSupreme Court of Minnesota · 1876
3Cited by2 opinions
- Kelly v. HopkinsSupreme Court of Minnesota · 1898
- Putnam v. PutnamArizona Supreme Court · 1887