Rogers v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Bamsey county to recover on the ground of failure of consideration $967 paid in satisfaction of a special assessment levied upon plaintiff’s land for a local improvement wbicb was thereafter abandoned. The case was tried before Bunn, J., who, upon conclusion of plaintiff’s testimony, granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.
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Action in the district court for Bamsey county to recover on the ground of failure of consideration $967 paid in satisfaction of a special assessment levied upon plaintiff’s land for a local improvement wbicb was thereafter abandoned. The case was tried before Bunn, J., who, upon conclusion of plaintiff’s testimony, granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed. The exaction of money from plaintiff under the guise of an assessment for a local improvement, which improvement" was thereafter abandoned, and from which plaintiff received…
1Opinion of the CourtCollins, J.
This is another case growing out of the assessment for a local improvement considered in McConville v. City of St. Paul, 75 Minn. 383, 77 N. W. 993; Rogers v. City of St. Paul, 79 Minn. 5, 81 N. W. 539; and Germania Bank v. City of St. Paul, 79 Minn. 29, 81 N. W. 542. The complaint does not differ in any matter of substance from that held in the Rogers case as failing to state facts sufficient to constitute a cause of action. The main allegations thereof are stated in the opinion in that case, and need not be repeated here. Of course, the property is not the same. Plaintiff’s lots are…
2Cases cited3 opinions
- McConville v. City of St. PaulSupreme Court of Minnesota · 1899
- Rogers v. City of St. PaulSupreme Court of Minnesota · 1900
- Germania Bank v. City of St. PaulSupreme Court of Minnesota · 1900
3Cited by2 opinions
- Chicago, Rock Island & El Paso Railway Co. v. WertheimNew Mexico Supreme Court · 1910
- Pieper v. MacLarenSupreme Court of Minnesota · 1908