Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1912-06-28
COUNTY LOSES AGAIN
HI SUPREME COURT DECISION,
UNFOLDING ACTION OF LOWER
COURT. DITCH LIEN SET ASIDE

represented by Cynthia Gourd on &C.
count Of Ditch No. IL, Clough town,
has been set aside in a decision which
has been handed down by the state
supreme court in which the decision Of
the district court is upheld.
The ditch had been constructed in
1905 and the costs assessed against the
property owners, liens being made on
the land for same. The county was en-
ioined from maintaining the ditch at
its completion through an action
brought against it by one of the prop
e1ty owners whose land was flooded as
. consequence Of the ditch. Ditch was
not used after this and in the present
ease the district court was asked to set
aside the lien against the property rep
resented by respondent. This was done
IN the district court, whereon the case
was taken to the supreme court with
Che. above stated result. -
Following is the syllabus of the
aupreme court decision:
Cynthia Gourd, as Administrative,
respondent VS.. The County Of Morrison,
appellant.
Where evidence is admitted subject
20 future ruling as to its admissi-
5ility, the objecting party must renew
Dis objection at the proper time and
secure ruling, and the record on ap-
peal must show how the question was
finally disposed Of.
To warrant reviews by this court Of
she action of the trial court in admit
sing evidence, the ruling of the trial
court or it's refusal to rule on objec-
lions to the admissibility Of the evil
dence either must be excepted to at
che trial, or else the point must be as
signd as error on motion for new
srial; such objections not being pre-
sentable for the first time by assigning
error thereon in this court.
The trial court g findings of fact can
not be reviewed by this court where
shere is neither settled case nor a bill
At exceptions in the record, and no GER
fifcate Of the trial court concerning the
5videne6 or the proceedings on the trial
5he only question renewable in such
aase being whether the findings of fact
support the judgment.
In an action by land owner to va
sate and have adjudged void as to him,
Ghe proceedings of a county board es-
5ablishing drainage ditch, and to va
cate the assessment and the tabular
statement thereof on file in the office
Of the register Of deeds, and further
10 discharge the plaintiff s lands from
The apparent liens created thereby, on
the ground that the order laying the
diseh was invalid, the files and pro-
seedings in the County auditors office
relating to the esta blishment of such
ditch are admissible in evidence upon
the issue Of the validity of the estab-
Hishment thereof and Of the assess
ment therefor.
In such an action the judgment roll
En- a prior action by stranger to this
action against this defendant in which
the said ditch was declared illegal and
ordered abated, is admissible, if for no
other reason, upon the issues as tending
to show that the plaintiff will receive
no benefit from the said ditch.
Findings in such an action con-
sidered, and held sufficient to support
the judgment rendered for the plaintiff
racating, as to him, the ditch assess
ment and tabular statement thereof,
and discharging his lands from the
apparent lien created thereby.
Judgment affirmed.
Opinion by Justice P. E. Brown.