Neilson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. It appears from the record, and the trial court has in. effect found, that July 9, 1888, the defendant railway pom-pany instituted proceedings for the condemnation, for railway purposes of eight and eighty-three one-hundredths acres of land, described in Schedule A; that the petition for such condemnation stated that the plaintiff claimed to be the owner in fee of the whole of…
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Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. It appears from the record, and the trial court has in. effect found, that July 9, 1888, the defendant railway pom-pany instituted proceedings for the condemnation, for railway purposes of eight and eighty-three one-hundredths acres of land, described in Schedule A; that the petition for such condemnation stated that the plaintiff claimed to be the owner in fee of the whole of said premises; that Mary E.. Grignon (a widow) claimed to be the owner in fee by adverse-possession of two and thirty…
1Opinion of the Court
The following opinion was filed October 22, 1895:
Cassoday, C. J.
As said in another case, a proceeding to condemn lands “is in some respects a proceeding in rem’, and hence condemnation may be hád even though the owners of or persons interested in the land be nonresidents of the' state, or their residence be unknown. Sec. 1848, R. S. *560-'Such proceeding, being regular, and the' amount of the .awards to the respective owners and persons interested being paid into court or to such owners and persons, and their .several receipts therefor filed with the clerk of the court, ■vests in the corporation,…
2Cases cited4 opinions
- Huling v. Kaw Valley Railway & Improvement Co.Supreme Court of the United States · 1889
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Uniacke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
3Cited by7 opinions
- Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1902
- People Ex Rel. Department of Public Works v. LoopCalifornia Court of Appeal · 1958
- A. Gettelman Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1943
- Grant v. CroninWisconsin Supreme Court · 1961
- In re the Board of Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1909
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