Legal Opinion

State ex rel. City of St. Paul v. District Court

Supreme Court of Minnesota

Decided January 20, 1899No. Nos. 11,329—(25)PublishedCited by 5 opinions

The treasurer of the city of St. Paul applied to the district court for Bamsey county for judgment against numerous parcels of real estate for nonpayment of a certain local assessment aggregating about $115,000, levied by the city for the purchase of Phalen Park, so called. The persons interested therein appeared and filed objections. The matter was heard before Bunn, J., without a jury, who denied the application for judgment.

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The treasurer of the city of St. Paul applied to the district court for Bamsey county for judgment against numerous parcels of real estate for nonpayment of a certain local assessment aggregating about $115,000, levied by the city for the purchase of Phalen Park, so called. The persons interested therein appeared and filed objections. The matter was heard before Bunn, J., without a jury, who denied the application for judgment. Thereupon the matter was brought into this court by writ of certiorari. It is well established in this state that the determination by the legislature, or by the board…

1Opinion of the CourtCanty, J.

The city of St. Paul applied to the district court for judgment for certain delinquent special assessments on certain real estate claimed to be specially benefited by the establishment of Phalen *296Park, which assessments, were levied to pay the cost of condemning land for the park. The respondents (130 in number) appeared, answered, and objected to the entry of judgment on various grounds. On the hearing, the court denied the application for judgment. Thereupon the city sued out a writ of certiorari in this court, and the proceedings in the court below were brought up in the return.

1. While a…

2Cases cited2 opinions

  1. Steiner v. SullivanSupreme Court of Minnesota · 1898
  2. State ex rel. Merchant v. District Court for St. Louis CountySupreme Court of Minnesota · 1896

3Cited by5 opinions

  1. In re Improvement of Lake of the Isles ParkSupreme Court of Minnesota · 1922
  2. State ex rel. Kafka v. District CourtSupreme Court of Minnesota · 1915
  3. In re Improvement of Lake of the Isles ParkSupreme Court of Minnesota · 1922
  4. Colorado Fuel & Iron Co. v. Sedalia Smelting Co.Colorado Court of Appeals · 1899
  5. Colorado Fuel & Iron Co. v. Sedalia Smelting Co.Colorado Court of Appeals · 1899

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