Statf ex rel. Chicago, Milwaukee & St. Paul Railway Company v. Shardlow
| Decision Date | 23 June 1890 |
| Citation | 46 N.W. 74,43 Minn. 524 |
| Parties | Statf of Minnesota, ex rel. Chicago, Milwaukee & St. Paul Railway Company, v. W. S. Shardlow and others |
| Court | Minnesota Supreme Court |
Certiorari.
Lyndon A. Smith and C. A. Fosnes, for relator.
J. O Haugland, for respondents.
The supervisors of the town of Kragero, in the county of Chippewa, laid out a highway which crosses the relator's right of way and track; and they determined and awarded that the advantages and benefits accruing to the relator from said crossing were equal to the damages sustained, and so they allowed the relator nothing. The relator appealed, in relation to the damages, to a justice of the peace, who pursuant to the statute, summoned a jury and the supervisors; and the matter was retried before the jury, and their verdict affirmed the award of the supervisors. The relator has brought the matter here upon a writ of certiorari.
The respondents, the town supervisors, claim that the justice had no jurisdiction, because of defects in the bond filed by relator as required by Gen. St. 1878, c. 13, § 60. The filing of the bond thereby required is a condition precedent to the justice's authority to issue the summons; but the summons is only for the purpose of notice to bring the supervisors, who represent the town, before the justice. Any defect in it, or in what is required to be done prior to issuing it, goes only to the jurisdiction over the person, not to the jurisdiction over the subject-matter, the proceeding not being one in rem when the only question involved in the appeal is the amount of damages to be paid by the town to the party appealing. In such case the proceeding is analogous to a civil action. The determination has the effect of a judgment. The section referred to calls it an "action." All such proceedings, where the amount of damages claimed does not exceed $ 100, are within the general jurisdiction of a justice. Any defect in the issuing or service of the summons may therefore be waived by the party summoned to appear, as in civil actions, and anything that he does or consents to which assumes that he is properly before the court for the purpose of the action will be a waiver. In this case the parties stipulated for a continuance of the action, the respondents not reserving the right to object to the jurisdiction on the day to which it was continued, and thereby waived the objection.
On the trial, in order to show special benefits to be offset against the damages claimed, respondents asked one witness what were the advantages to the relator by the road being laid out. The answer was that, "if that crossing wasn't made, the farmers would have to go to Appleton instead of going to Milan, and by going there they are just as liable to sell their wheat on the Manitoba as on the Milwaukee road." To a similar question another of respondents' witnesses said: "They will get more wood to draw west, and more wheat to draw east, and the company will have the advantage of the freight." A motion seasonably made by relator...
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