Harrington v. Town of Plainview
Supreme Court of Minnesota
Tbe plaintiff, a resident and tax-payer in the town of Plain-view, in Wabasha county, brought this action in the district court for that county to restrain the town officers from issuing the bonds of the town to the Plainview Railroad Company,' to aid in the construction of its railway. Tbe action was tried by Mitchell, J., and judgment was ordered and entered for the defendants, and the plaintiff appealed.
1Opinion of the Court
Gilfillan, C. J.. In this case the respondent moved to *226dismiss the appeal on the ground that, since the entry of the judgment appealed from, the bonds to enjoin the issuance of which the action was brought have been issued, and that, therefore, the question whether the defendants ought to issue them is a mere abstract question. This would be so, were it not that the judgment is also for costs against the plaintiff. As held by this court in James v. Cornish, 25 Minn. 305, the appellant has the right to have the judgment examined to determine whether it was correct, so as to entitle defendants…
2Cases cited5 opinions
- Township of East Oakland v. SkinnerSupreme Court of the United States · 1877
- Town of Bennington v. ParkSupreme Court of Vermont · 1877
- Humboldt Township v. LongSupreme Court of the United States · 1876
- Town of Duanesburgh v. . JenkinsNew York Court of Appeals · 1874
- James v. WilderSupreme Court of Minnesota · 1878
3Cited by16 opinions
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
- State ex rel. Interstate Air-Parts, Inc. v. Minneapolis-St. Paul Metropolitan Airports CommissionSupreme Court of Minnesota · 1947
- Salo v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1914
- Bradford v. City & County of San FranciscoCalifornia Supreme Court · 1896
- State ex rel. Childs v. HolmanSupreme Court of Minnesota · 1894
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