Legal Opinion

Davis v. Board of County Commissioners

Supreme Court of Minnesota

Decided June 26, 1896No. Nos. 10,068-(264)PublishedCited by 5 opinions

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign and Morris, JJ., sustaining a demurrer to the complaint.

1Opinion of the CourtStakt, C. J.

This is an action by the plaintiff, who is county surveyor of the defendant county, to recover from the defendant the *311sum of $108 for establishing the section corners of a certain section of land in the county under the provisions of chapter 249, Laws 1895. The defendant demurred to the complaint, and the plaintiff appeals-from an order sustaining the demurrer. The principal question for our decision is the constitutionality of the statute under which the-services in question were rendered. The material provisions of the statute are these:

“Section 1. Whenever a majority of the resident land…

2Cases cited7 opinions

  1. Meyer v. BerlandiSupreme Court of Minnesota · 1888
  2. Bardwell v. CollinsSupreme Court of Minnesota · 1890
  3. State ex rel. Attorney General v. Southern Minnesota RailroadSupreme Court of Minnesota · 1871
  4. Myers v. DoddIndiana Supreme Court · 1857
  5. O'Brien v. KrenzSupreme Court of Minnesota · 1886

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

3Cited by5 opinions

  1. Wolfe v. City of MoorheadSupreme Court of Minnesota · 1906
  2. Hill v. TohillIllinois Supreme Court · 1907
  3. Miles v. AlthoffCourt of Appeals of Minnesota · 1985
  4. In Re the June 9, 2000 Fence Viewing Petition of BaileyCourt of Appeals of Minnesota · 2001
  5. Miles v. AlthoffCourt of Appeals of Minnesota · 1985

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