23 Minn. 372 | Minn. | 1877
This case came into the district court by appeal, tty this plaintiff, from the order of the supervisors of the town of Marion, laying out a road over the land of plaintiff, and .assessing her damages therefor under Laws 1873, c. 5. A motion was made by the town, in the district court, to dismiss the appeal oil the ground that the notice of appeal merely stated that the party had appealed, and thereby appealed, from the order, (describing it,) to the district couit, without stating the other acts necessary to be done to make an appeal, to wit, the filing of an application and bond as prescribed by the act. The motion w;.-.$ denied correctly. Notice that a party has appealed is, unless the statute requires further specification, in effect, notice that the party has done whatever was necessary to make the appeal effectual.
On the trial in-the district court the damages were largely