Klein v. St. Paul, M. & M. Ry. Co.
| Decision Date | 08 June 1883 |
| Citation | 16 N.W. 265,30 Minn. 451 |
| Parties | KLEIN v ST. PAUL, M. & M. RY. CO. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the district court, Stearns county.
Taylor & Taylor, for appellant.
R. B. Galusha and L. W. Collins, for respondent.
In proceedings for the condemnation of certain lands belonging to the appellant for the use of the respondent railway company, the commissioners filed their award of damages with the clerk of the district court of Stearns county, July 27, 1882. On the fifteenth of August following, the appellant served upon respondent's agent residing in that county a notice of appeal to the district court from the award, but failed to file the same with the clerk of such court, as required by respondent's charter, and thereafter the appeal was dismissed upon this ground, upon motion of the respondent. The charter of the respondent provides that an appeal may be taken within 30 days after such award shall have been filed, by filing with the clerk of the district court a written notice of such appeal, and the court is directed to hear and determine the case in the same way as other cases are heard and determined.
The appellant not having complied with the terms of the statute providing for the appeal, it was rightly dismissed. It was not necessary to enter a special appearance for that purpose. It was enough that before proceeding to trial or recognizing the jurisdiction of the court to so proceed, the respondent duly interposed its objection, and moved to dismiss solely on this ground. In Kasson v. Estate of Brocker, 47 Wis. 88-4, [S. C. 1 N. W. REP. 418,] relied on by appellant, the objection was that a notice of appeal had not been properly served upon each of several administrators, and the respondent had appeared generally by procuring and arguing an order to show cause why the appeal should not be dismissed; the motion also embracing other grounds not jurisdictional. Curtis v. Jackson, 23 Minn. 268, is similar. Others cited are cases of irregular service upon parties, held cured by their appearance in court so as to give the court jurisdiction of the person.
2. Immediately after the service of the notice of appeal, and within 30 days, respondent filed a bond, with surety, in the same matter, running to the appellant, and approved by the district judge, and reciting, among other things, that an appeal had been taken from such award to the district court of Stearns county, and conditioned...
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Little v. Blank
...3 Blackf. 253; Brown v. Modisett, [Ind.], 3 Blackf. 392; Butler v. Skomp [Ind.], 3 Blackf. 392; Carter v. Monnastes, 19 Ore. 538; Klein v. St. Paul, 16 N.W. 265; Schroeder Burnstown, 35 Minn. 468; Cotes v. Carroll, 28 How. Pr. 446; Wait v. Van Allen, 22 N.Y. 318; Steel v. Rees [Ore.], 11 P.......
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Housing and Redevelopment Authority ex rel. City of Richfield v. Adelmann
...court, without analysis, cited to State ex rel. Minneapolis v. Boucher, 171 Minn. 297, 214 N.W. 30 (1927), and Klein v. St. Paul, M. & M. Ry. Co., 30 Minn. 451, 16 N.W. 265 (1883). See Radosevich, 249 Minn. at 271 n. 1, 82 N.W.2d at 72 n. 1. But when we examine Boucher and Klein, we come to......
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...(Gil. 273); Jones v. City of Minneapolis, 20 Minn. 491 (Gil. 444); American Ins. Co. v. Schroeder, 21 Minn. 331; Klein v. St. P., M. & M. Ry. Co., 30 Minn. 451, 16 N. W. 265; Adams v. City of Thief River Falls, 84 Minn. 30, 86 N. W. 767; Darby v. Board of County Com., 109 Minn. 258, 123 N. ......
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State v. Boucher
...it does so and the conditions to the right of appeal are not observed, the court does not acquire jurisdiction. Klein v. St. Paul, M. & M. Ry. Co., 30 Minn. 451, 16 N. W. 265; Schwede v. Burnstown, 35 Minn. 468, 29 N. W. 72; Runyon v. Alton, 78 Minn. 31, 80 N. W. 836. This is the situation ......