Opinion
No. 29,401.
January 20, 1933.
Case followed.
This case is companion to State v. Finnegan, 188 Minn. 54, 246 N.W. 521, and is ruled thereby.
Defendant appealed from an order of the district court for St. Louis county, Edwin J. Kenny, Judge, sustaining plaintiff's demurrer to his answer. Affirmed, following State v. Finnegan, 188 Minn. 54, 246 N.W. 521.
Chauncey C. Colton, for appellant.
Henry N. Benson, Attorney General, Chester S. Wilson, Assistant Attorney General, and Frank N. Whitney, Special Assistant Attorney General, for the state.
This case in all respects is similar to State v. Finnegan, 188 Minn. 54, 246 N.W. 521, except that the property is a parcel of state school land. The answer sets up the supposed unconstitutionality of L. 1931, p. 206, c. 186. The state demurred to the answer. From the sustaining order defendant appeals.
Upon the grounds of decision in State v. Finnegan, the order must be and is affirmed.
HILTON and OLSEN, JUSTICES, took no part in the consideration and decision of this case.