Legal Opinion

Dodge v. County of Martin

Supreme Court of Minnesota

Decided November 22, 1912No. Nos. 17,882—(88)PublishedCited by 6 opinions

In proceedings in the district court for Martin county to assess the benefits arising from the construction of Judicial Ditch No. 14, L. A. Dodge and A. E. Jones demanded a jury trial to assess the benefits resulting to their land. The appeal was heard before Quinn, J., and a jury which assessed the benefits in the sum of $2,135, the exact amount fixed by the viewers in the proceedings. Erom an order denying their motion for a new trial, they appealed.

1Opinion of the Court

Brown, J,

In judicial ditch proceedings pending in the court below, appellants, landowners whose land was assessed for benefits to result from the construction of the drain, appealed from the assessment as made by the viewers and approved by the court, and demanded a trial of the issue by a jury, as provided for by Laws 1905, p. 317, c. 230. The appeal came on for trial, and the sole issue litigated was the *393question of benefits to appellants’ land. The jury returned a verdict fixing the benefit at the sum of $2,135; the same being the exact amount fixed by the viewers. A new trial was denied,…

2Cases cited4 opinions

  1. Wallin v. Eastern Railway Co.Supreme Court of Minnesota · 1901
  2. Northern Pacific Railway Co. v. DuncanSupreme Court of Minnesota · 1902
  3. Pierce v. BrennanSupreme Court of Minnesota · 1902
  4. Kosmerl v. MuellerSupreme Court of Minnesota · 1903

3Cited by6 opinions

  1. State v. PearsonSupreme Court of Minnesota · 1961
  2. Falkenhagen v. Counties of Yellow Medicine & Lac Qui ParleSupreme Court of Minnesota · 1919
  3. Cunningham v. County of Big StoneSupreme Court of Minnesota · 1913
  4. In re County Ditch No. 33Supreme Court of Minnesota · 1921
  5. Rooney v. County of StearnsSupreme Court of Minnesota · 1915

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