Legal Opinion

Bergman v. St. Paul, Stillwater & Taylor's Falls Railroad

Supreme Court of Minnesota

Decided May 14, 1875PublishedCited by 13 opinions

Appeal by plaintiff from an order of the court of common pleas for Bamsey county, Hall, J., presiding, sustaining a demurrer to the complaint.

1Opinion of the CourtBerry, J.

Under the provisions of ch. 34, G-en. Stat., the defendant instituted proceedings to condemn plaintiff’s land for the purposes of its road. From the award made by commissioners, both parties appealed to the district court for Bamsey county. At the December term, the appeal was placed upon the calendar for trial, and the parties appeared *534by their attorneys; but during the term, the defendant, with the permission of the court, (plaintiff objecting,) dismissed the proceedings for condemnation, and caused the dismissal to be entered of record. All the proceedings (including the appeal) were duly…

2Cited by13 opinions

  1. Smith v. Erie Rd. Co.Ohio Supreme Court · 1938
  2. Selle v. City of FayettevilleSupreme Court of Arkansas · 1944
  3. Simpson v. Kansas CitySupreme Court of Missouri · 1892
  4. McRostie v. City of OwatonnaSupreme Court of Minnesota · 1922
  5. Barmel v. Minneapolis-Saint Paul Sanitary DistrictSupreme Court of Minnesota · 1938

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