Legal Opinion

Board of County Commissioners v. Nelson

Supreme Court of Minnesota

Decided August 23, 1892PublishedCited by 15 opinions

Appeal by defendant, Andrew N. Nelson, from an order of the District Court of Eamsey County, Otis, J., made September 29, 1891, overruling his demurrer to the complaint. This action was brought by the plaintiff, The Board of County Commissioners of Bamsey County, against the defendant, Andrew N. Nelson, to recover the sum of $15,599.50, being the amount of fraudulent certificates for jury duty paid by him as County Treasurer of Ramsey County.

Read the full summary

Appeal by defendant, Andrew N. Nelson, from an order of the District Court of Eamsey County, Otis, J., made September 29, 1891, overruling his demurrer to the complaint. This action was brought by the plaintiff, The Board of County Commissioners of Bamsey County, against the defendant, Andrew N. Nelson, to recover the sum of $15,599.50, being the amount of fraudulent certificates for jury duty paid by him as County Treasurer of Ramsey County. To the complaint, which is fully stated in the opinion, the defendant demurred on the grounds, (1) that plaintiff had not legal capacity to sue; (2)…

1Opinion of the CourtCollins, J.

Appeal from an order overruling a demurrer to the complaint herein, interposed on three distinct grounds, only one of which need be considered, namely, that facts sufficient to constitute a cause of action were not stated therein. The pleading in question was purposely drawn very full and complete, in order that *82all of the facts on which defendant's liability must rest, if at all, might appear. It seems from the allegations, that during the years 1889 and 1890 defendant was the treasurer of Ramsey county, while during the same period o’f time R. T. O’Connor and J. P Davis were clerk and…

2Cases cited3 opinions

  1. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  2. Mayor v. RaySupreme Court of the United States · 1874
  3. Sweet v. County CommissionersSupreme Court of Minnesota · 1870

3Cited by15 opinions

  1. Lipsitz v. ParrCourt of Appeals of Maryland · 1933
  2. The Alexander Co. v. City of OwatonnaSupreme Court of Minnesota · 1946
  3. Common School District Number 61 v. Twin Falls Bank & Trust Co.Idaho Supreme Court · 1931
  4. City of St. Paul v. Merchants National BankSupreme Court of Minnesota · 1922
  5. Martin v. Common School District No. 3Supreme Court of Minnesota · 1925

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API