Turner v. Holleran
Supreme Court of Minnesota
The plaintiffs presented to the judge of the District Court for the county of Scott, a petition for the appointment of commissioners, under Chap. 129, Pub. Stat., to make assessment of the damages resulting from the erection of a mill dam on certain lands owned by them, and its maintainance forever, by overflowing or otherwise, to real estate not owned by them or damaged by consent. The petition specified the defendants as the owners of such lands.
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The plaintiffs presented to the judge of the District Court for the county of Scott, a petition for the appointment of commissioners, under Chap. 129, Pub. Stat., to make assessment of the damages resulting from the erection of a mill dam on certain lands owned by them, and its maintainance forever, by overflowing or otherwise, to real estate not owned by them or damaged by consent. The petition specified the defendants as the owners of such lands. Upon such petition said judge appointed three commissioners, who, after due notice given the defendants, met pursuant to previous appointment. The…
1Opinion of the Court
By the Gowrt
Wilson, Ch. J.
The appeal in this case, from the assessment made by the commissioners, only brought before the District Court, the question as to the propriety of *255the amount of damages awarded to the parties whose lands were overflowed. Comp Stat. 818, -Secs. 10 and 13. That court, therefore, was right in denying the motion to set aside the order appointing commissioners.
But aside from this objection, the appeal must be dismissed, for the reason that the order appealed from is not appealable. It can only be claimed that an appeal from this order is authorized by the 6th Sub. of…
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