Bigelow v. Draper
North Dakota Supreme Court
Appeal from District Court, Morton County; Winchester, J. Action by Frank G. Bigelow and Edwin H. Mctlenry, as receivers of the Northern Pacific Railroad Company, and others, against C. E. V. Draper and others. Judgment for plaintiffs. Defendants C. E. V. Draper and others appeal. The plaintiffs could not maintain this action without authority from the court appointing them, and none was shown.
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Appeal from District Court, Morton County; Winchester, J. Action by Frank G. Bigelow and Edwin H. Mctlenry, as receivers of the Northern Pacific Railroad Company, and others, against C. E. V. Draper and others. Judgment for plaintiffs. Defendants C. E. V. Draper and others appeal. The plaintiffs could not maintain this action without authority from the court appointing them, and none was shown. Pligh on Rec. § 200; M. & St. L. R. Co. v. M. W. R. Co., 63 N. W. Rep. 1035; Booth v. Clark, 15 L. Ed. 164; Davis v. Gray, 21 L. Ed. 447; Pendleton v. Russell, 36 L. Ed. 547; Rev. Codes, § 5406. The…
1Opinion of the CourtCorliss, J.
The object of this action is to condemn certain property, in order that the Northern Pacific Railway Company (formerly the Northern Pacific Railrpad Company) may divert from its accustomed channel, for a distance of two miles, the flow of the Heart river, a non-navigable water course, restoring the water to its old channel further down the stream. The end which the company has in view is to so change the bed of the stream, that it may be no longer compelled to cross the river at two points at which the water course intersects its right of way, thus obviating the necessity of maintaining two…
2Cases cited61 opinions
- United States v. JonesSupreme Court of the United States · 1883
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
- Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
56 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
- Clark v. AllamanSupreme Court of Kansas · 1905
- Fitzsimons & Galvin, Inc. v. RogersMichigan Supreme Court · 1928
- Otter Tail Power Co. v. Henry Von BankNorth Dakota Supreme Court · 1942
- Kessler v. ThompsonNorth Dakota Supreme Court · 1956
41 more not listed; retrieve them via the Exa API.