Nash v. City of Saint Paul
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT OOURT OP RAMSEY COUNTY. Points aiid Authorities of Appellant. I. — The objection taken to the complaint by the Defendant is-, that it does not state that the Street Commissioners, having determined to make a public improvement, “ caused to be made an estimate of the whole expense thereof, and of the proportion to be assessed to each lot,” or that “ such estimate was filed with the City Comptroller for the inspection of parties interested,” according…
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APPEAL PROM THE DISTRICT OOURT OP RAMSEY COUNTY. Points aiid Authorities of Appellant. I. — The objection taken to the complaint by the Defendant is-, that it does not state that the Street Commissioners, having determined to make a public improvement, “ caused to be made an estimate of the whole expense thereof, and of the proportion to be assessed to each lot,” or that “ such estimate was filed with the City Comptroller for the inspection of parties interested,” according to the terms of sec. 6, chapter 5, p. 29 of the Charier of the City of St. Paul. The Defendants claim that the complying…
1Opinion of the Court
By the Court.
Emmett, C. J.
This is an action brought to recover a balance alleged to be due for work done under a contract for grading a street, entered into between the Plaintiff and the City of Saint Paul, the Defendant. The contract appears to be dated the 5th day of August, a. d. 1857, and countersigned by the Comptroller of the city on the 6th of October following.
The Plaintiff alleges the-making of the contract and the doing of a certain amount of work thereunder, upon which he admits payments to a specified amount; that he was ready *176and able to complete tbe job according to tbe terms of…
2Cases cited2 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
3Cited by17 opinions
- Winters v. City of DuluthSupreme Court of Minnesota · 1901
- Anderson v. FullerSupreme Court of Florida · 1906
- City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905
- Hurd v. HurdSupreme Court of Minnesota · 1896
- Merchants Insurance v. HerberSupreme Court of Minnesota · 1897
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