Town of Humboldt v. City of Barnesville
Supreme Court of Minnesota
Action in the district court for Clay county to recover the proportionate amount claimed to be due from defendant city upon certain bonds issued by plaintiff town, of which town defendant was a part at the time the bonds were issued. The case was tried before Baxter, J., who at the close of plaintiff’s testimony granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtCollins, J.
It is obvious from the decision of the court below that this case was dismissed when the plaintiff rested, and the plaintiff’s motion for a new trial was subsequently denied, upon the ground that it was essential, under G. S. 1894, § 980, that before the commencement of an action of this nature the voters of the plaintiff town direct the bringing thereof at a regular or special town meeting, and on appeal this question has been argued by counsel for both parties.
We are not obliged to determine whether the court below was right or wrong upon this proposition, or whether or not the plaintiff…
2Cases cited3 opinions
- City of Winona v. School-District, No. 82Supreme Court of Minnesota · 1889
- State v. City of Lake CitySupreme Court of Minnesota · 1879
- Rumsey v. Sauk Centre TownSupreme Court of Minnesota · 1894
3Cited by1 opinion
- Town of Kettle River v. Town of BrunoSupreme Court of Minnesota · 1908