Legal Opinion

Plaster v. County of Aitkin

Supreme Court of Minnesota

Decided December 22, 1916No. Nos. 20,002—(144)PublishedCited by 3 opinions

From an award of viewers appointed by the board of county commissioners for Aitkin county upon the petition of plaintiff under G. S. 1913, §§ 5565-5567, to determine the amount of plaintiff’s damages sustained since the construction of County Ditch No. 14, plaintiff appealed to the district court for that county. The appeal was heard before Wright, J., who made findings and ordered judgment for $1,035 in favor of plaintiff.

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From an award of viewers appointed by the board of county commissioners for Aitkin county upon the petition of plaintiff under G. S. 1913, §§ 5565-5567, to determine the amount of plaintiff’s damages sustained since the construction of County Ditch No. 14, plaintiff appealed to the district court for that county. The appeal was heard before Wright, J., who made findings and ordered judgment for $1,035 in favor of plaintiff. From the order denying its motion for a new trial, defendant appealed.

1Opinion of the Court

Dibell, C.

The plaintiff appealed to the district court from an award of viewers to assess the damages, accruing subsequent to the construction of a ditch, pursuant to G. S. 1913, § 5565, el seq. There was a trial in the district court without a jury and findings for the plaintiff. The defendant appeals from the order denying its motion for a new trial.

1. The statute provides that an aggrieved party may appeal to the district court within 30 days after the filing of the viewers’ award by serving on the parties who have appeared and filing with the county auditor a notice of appeal. G. S. 1913,…

2Cases cited1 opinion

  1. Hempsted v. CargillSupreme Court of Minnesota · 1891

3Cited by3 opinions

  1. In Re Judicial Ditch No. 12Supreme Court of Minnesota · 1949
  2. Nostdal v. County of WatonwanSupreme Court of Minnesota · 1946
  3. State ex rel. Great Northern Railway Co. v. District Court of the Sixteenth Judicial DistrictSupreme Court of Minnesota · 1949

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