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IN RE JUDICIAL DITCH NO. 7, MARTIN & FARIBAULT COUNTIES

No. 37,648.

256 Minn. 450 (1959)

99 N.W. (2d) 63

IN RE PETITION FOR CONSTRUCTION OF LATERAL TO CONNECT WITH JUDICIAL DITCH NO. 7, MARTIN AND FARIBAULT COUNTIES. JAMES F. SMITH AND OTHERS v. ADOLPH F. LAUE AND OTHERS.

Supreme Court of Minnesota.

October 23, 1959.

Attorney(s) appearing for the Case

Putnam & Spencer and Rector H. Putnam, for appellants.

Edman & Edman and A.T. Edman, for respondents.

KNUTSON, JUSTICE.

Appeal from an order of the district court.

The only legal issue raised on this appeal is: In a proceeding for the construction of a lateral to a public ditch running into two counties, where the lateral is designed to drain lands lying only in one county, does jurisdiction lie with the district court or with the county board?

Appellants assign as error that the trial court erred in dismissing the

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