Legal Opinion

Bowen v. City of Minneapolis

Supreme Court of Minnesota

Decided August 21, 1891PublishedCited by 18 opinions

Action brought in the district court for Hennepin county, to recover $747.50, being interest at 7 per cent, per annum from August 10,1888, on a claim of $11,325.50, for work, done by plaintiff for defendant in grading streets, the principal having been paid by defendant under authority of Sp. Laws 1889, c. 563, considered in the opinion. The action was tried by Young and Hooker, JJ., (a jury-being waived,) and judgment was ordered for plaintiff for the amount of his claim.

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Action brought in the district court for Hennepin county, to recover $747.50, being interest at 7 per cent, per annum from August 10,1888, on a claim of $11,325.50, for work, done by plaintiff for defendant in grading streets, the principal having been paid by defendant under authority of Sp. Laws 1889, c. 563, considered in the opinion. The action was tried by Young and Hooker, JJ., (a jury-being waived,) and judgment was ordered for plaintiff for the amount of his claim. A motion for a new trial was, by stipulation, heard by Lochren, J., and was denied, and the defendant appealed.

1Opinion of the CourtCollins, J.

We assume, in the determination of this case, that plaintiff, respondent, because of his failure to regularly enter into a contract with the defendant city, was remediless until the enactment of Sp. Laws 1889, e. 563, and place an affirmance of the order ap*116pealed from upon what we regard as the proper construction of that statute. It was entitled “An act legalizing certain claims against the city of Minneapolis, and authorizing the payment of the same." In the first section is found a preamble wherein it is recited that in the year 1887 this plaintiff and other persons rendered services for…

2Cases cited3 opinions

  1. Supervisors v. United StatesSupreme Court of the United States · 1867
  2. Duluth Chamber of Commerce v. KnowltonSupreme Court of Minnesota · 1889
  3. People ex rel. First National Bank v. Board of SupervisorsNew York Supreme Court · 1867

3Cited by18 opinions

  1. Girard Trust Co. v. United StatesSupreme Court of the United States · 1926
  2. Hunter v. City of TracySupreme Court of Minnesota · 1908
  3. Cashman v. HedbergSupreme Court of Minnesota · 1943
  4. Pettibone v. Cook County, MinnesotaCourt of Appeals for the Eighth Circuit · 1941
  5. State Ex Rel. Laurisch v. PohlSupreme Court of Minnesota · 1943

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