N. Pac. R. Co. v. Jackman
| Decision Date | 31 May 1889 |
| Citation | 6 Dak. 236,50 N.W. 123 |
| Parties | Northern Pac. R. Co. v. Jackman. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Burleigh county; Roderick Rose, Judge.
Certain land in the possession of John J. Jackson, over which the Northern Pacific Railroad Company had condemned a right of way, being claimed by other persons, the amount awarded as compensation was by order of the court paid into court to await further order. On affidavit filed by Jackson, the railroad company, with others, was ordered to show cause why the fund so deposited should not be paid to him. The railroad company claimed that it was entitled to the right of way over said land under its grant of a right of way over public lands. From an order that the money be paid to Jackson the company appealed. Affirmed.Hollembaek & Long, for appellant. George W. Newton, for respondent.
The judgment is affirmed, the court being of opinion that, the railroad company having proceeded to condemn the premises under the statute, and having paid into court for the owner the amount of the award of the commissioners, it cannot in this manner be heard to contest the validity of such award, and is not a proper party to this proceeding.
To continue reading
Request your trial
-
Davidson v. Texas & N. O. R. Co.
... ... Railroad Co. v. Mahoney, 29 Cal. 112; Lewis, Em. Dom. § 616; Commissioners v. Labore, 37 Kan. 480, 15 Pac. 577; Railroad Co. v. Stroud, 45 Ark. 279; Haswell v. Railroad Co., 23 Vt. 228. This was the practice in Railroad Co. v. Jackman (Dak.) 50 N. W. 123, ... ...
-
Rabb v. La Feria Mut. Canal Co.
...Labore, 37 Kan. 480, 15 Pac. 577; Railway v. Stroud, 45 Ark. 279; Haswell v. Railway, 23 Vt. 228. This was the practice in Railway v. Jackman, 6 Dak. 236, 50 N. W. 123, and Grady v. Loan Co., 93 Wis. 229, 67 N. W. 34. While the tribunal upon which is imposed by law jurisdiction to determine......
- United States v. Carpenter
- Territory v. Collins