Nepp v. District Court of the Thirteenth Judicial District ex rel. Murray County
Supreme Court of Minnesota
Upon the relation of Julius F. Nepp and others the supreme' court granted its writ of certiorari directed to the district court for Murray county, the Honorable L. S. Nelson, judge of the Thirteenth Judicial district, the Honorable E. C. Dean, acting as judge of that judicial district, and others to review an order of that court establishing Judicial Ditch No. 14. The Chicago, St. Paul, Minneapolis & Omaha Sailway Company appeared specially for the purpose of objecting to…
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Upon the relation of Julius F. Nepp and others the supreme' court granted its writ of certiorari directed to the district court for Murray county, the Honorable L. S. Nelson, judge of the Thirteenth Judicial district, the Honorable E. C. Dean, acting as judge of that judicial district, and others to review an order of that court establishing Judicial Ditch No. 14. The Chicago, St. Paul, Minneapolis & Omaha Sailway Company appeared specially for the purpose of objecting to the jurisdiction of the courts.
1Opinion of the CourtHolt, J.
Certiorari to review an order establishing Judicial Ditch No. 14, Murray county, Minnesota.
The numerous errors assigned are grouped and discussed by relators under eight propositions.
*3771. It is asserted tbat notice of the preliminary hearing was not served, posted, published or mailed as required by section 5525, G-. S. 1913 (before the amending of 1917), and therefore the court never obtained jurisdiction to proceed. An inspection of an affidavit, found in the files returned by the clerk, shows that the first publication was made May 21, 1915, and not May 22, as claimed, and the last, June 4,…
2Cases cited2 opinions
- Tucker v. Board of County CommissionersSupreme Court of Minnesota · 1903
- Weiss v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
3Cited by7 opinions
- In Re Judicial Ditch No. 12Supreme Court of Minnesota · 1949
- In Re Judicial Ditch No. 9Supreme Court of Minnesota · 1926
- State ex rel. Town of Dovray v. NelsonSupreme Court of Minnesota · 1920
- County of Brown v. MartinsenSupreme Court of Minnesota · 1922
- State ex rel. Great Northern Railway Co. v. District Court of the Sixteenth Judicial DistrictSupreme Court of Minnesota · 1949
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