Bruns v. Town of Nicollet

Upon a proceeding properly instituted by petition the town board of the town of Nicollet (appellant) after a hearing, made an order laying out a cartway through the lands of respondent and his father (Fred Bruns). Of the lands involved the father owned 160 acres and respondent a contiguous tract of 30 acres. The town awarded the father $400, the son $25 as damages. A separate appeal was taken by each of the Bruns to the distinct court. The order of the town board was therein affirmed and an appeal taken to this court. The only question involved on that appeal was as to the legality of the…