Fremont, Elkhorn & Missouri Valley Railroad v. Mattheis
Nebraska Supreme Court
In condemnation proceedings the court should hold the condemning party to a strict observance of the statute. (Republican V. R. Co. v. Fink', 18 Neb., 82; Omaha & N. W. R. Co. v. Menlc, 4 Neb., 21; Ray v. Atchison & N. R. Co., 4 Neb., 439.) The description of the land taken, contained in the petition and other papers in the condemnation proceeding, is insufficient to give the county judge jurisdiction. {Pennsylvania R. Co. v. Porter, 29 Pa.
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In condemnation proceedings the court should hold the condemning party to a strict observance of the statute. (Republican V. R. Co. v. Fink', 18 Neb., 82; Omaha & N. W. R. Co. v. Menlc, 4 Neb., 21; Ray v. Atchison & N. R. Co., 4 Neb., 439.) The description of the land taken, contained in the petition and other papers in the condemnation proceeding, is insufficient to give the county judge jurisdiction. {Pennsylvania R. Co. v. Porter, 29 Pa. St., 169; London v. Sample Lumber Co., 8 So. Rep. [Ala.], 281; Chicago & M. L. S. R. Co. v. Sanford, 23 Mich., 426; Slate v. Armell, 8 Kan., 294; Spojford…
1Opinion of the CourtPost, J.
An opinion was filed in this case at the January, 1892, term. (See Fremont, E. & M. V. R. Co. v. Mattheis, 35 *100Neb., 48.) Subsequently the writer, believing that the question of the validity of the condemnation proceeding relied upon by the railroad company, had not received the careful consideration to which it was entitled, suggested a rehearing, which was accordingly ordered. Assisted by able arguments and briefs, we have patiently re-examined that question, and are entirely satisfied with the conclusion reached on the former hearing. There appears, from a casual examination of the…
2Cases cited5 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- State v. ArmellSupreme Court of Kansas · 1871
- Lower v. C., B. & Q. R.Supreme Court of Iowa · 1882
- Trester v. Missouri P. R. Co.Nebraska Supreme Court · 1891
- Fremont, E. & M. V. R. Co. v. MattheisNebraska Supreme Court · 1892
3Cited by5 opinions
- Scheer v. Kansas-Nebraska Natural Gas Co.Nebraska Supreme Court · 1954
- Blue River Power Co. v. HronikNebraska Supreme Court · 1924
- Brodine v. State, Department of RoadsNebraska Supreme Court · 1966
- Dettman v. PittengerNebraska Supreme Court · 1911
- State v. DayNebraska Supreme Court · 1967