City of Albert Lea v. Nielsen
Supreme Court of Minnesota
Action in the district court for Freeborn county to establish plaintiff’s right to maintain an existing dam and lake in Shell Eock river, within the city limits, and to restrain defendants, who claim ownership of the overflowed lands, from interfering with said dam or with said lake.
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Action in the district court for Freeborn county to establish plaintiff’s right to maintain an existing dam and lake in Shell Eock river, within the city limits, and to restrain defendants, who claim ownership of the overflowed lands, from interfering with said dam or with said lake. Plaintiff also prayed that defendants be enjoined and restrained from prosecuting certain pending actions brought by them severally against plaintiff for damages because of such overflow and from instituting any such actions in the future. From an order, Kingsley, J., overruling a demurrer to the complaint,…
1Opinion of the Court
COLLINS, J.2
This is the second appearance of this case. The facts, as they were stated in the former complaint, will be found set forth in 80 Minn. 101, 82 N. W. 1104. After the case was remanded to the district court, application was made by the plaintiff city to amend the complaint theretofore held insufficient. The application was granted, and thereafter the defendants demurred to the amended complaint upon the ground that it did not state facts sufficient to constitute a cause of action. Other alleged grounds of demurrer were presented, but we need not refer to them specially. The court…
2Cases cited6 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Sharon v. TuckerSupreme Court of the United States · 1892
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
- Village of Buffalo v. HarlingSupreme Court of Minnesota · 1892
- City of Albert Lea v. NielsenSupreme Court of Minnesota · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- Illinois Central Railroad v. GarrisonMississippi Supreme Court · 1902
- Fegelson v. Niagara Fire InsuranceSupreme Court of Minnesota · 1905
- State ex rel. Styve v. KingsleySupreme Court of Minnesota · 1902
- Davis v. ForrestalSupreme Court of Minnesota · 1913
1 more not listed; retrieve them via the Exa API.