Chicago, M. & St. P. Ry. Co. v. McClelland
South Dakota Supreme Court
Appeal from Circuit 'Court, -Moody -County. Hon. Joseph W. Jones, Judge. Condemnation proceedings by the Chicago, Milwaukee & St. Paul Railway Company, a corporation, against 'Grace R. McClelland and another, for right of way -purposes. From an order vacating a judgment for plaintiff, it appeals.
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Appeal from Circuit 'Court, -Moody -County. Hon. Joseph W. Jones, Judge. Condemnation proceedings by the Chicago, Milwaukee & St. Paul Railway Company, a corporation, against 'Grace R. McClelland and another, for right of way -purposes. From an order vacating a judgment for plaintiff, it appeals. (4) To point four of the opinion-, Appellant cited: Security Loan & Trust Co. v. Boston & S. R. Fruit Co. (Cal.) 58 Pac. 940; Frazier v. Douglas, (Kan.) 48 Pac. 36; Piske v. Thorpe, (Neb.) 84 N. W. 79. Respondents cited: Code Civ. P'roc., Sec. 866; Rogers v. Penobscot, 28 S. D. 72, 1-32 N. W. 792:;…
1Opinion of the CourtPolley, J.
In the exericse of its power of eminent domain, the plaintiff instituted this case for the purpose of condemning a *193small tract of land, for right of way purposes, belonging to the defendant McClelland. A petition setting out the nature and purpose of the action was filed in the office of the clerk of the courts as provided for 'by section 864, C. C. P. The said defendant is a nonresident, and could not he personally served with summons in this state, but personal service of the summons was made on her in the state of Iowa. After the summons had been served, the plaintiff filed an amended…
2Cases cited3 opinions
- Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911
- Driscoll v. TillmanWisconsin Supreme Court · 1917
- Reedy v. HowardSouth Dakota Supreme Court · 1898
3Cited by2 opinions
- Robinson v. GloverSouth Dakota Supreme Court · 1932
- Union Bond & Mortgage Co. v. BrownSouth Dakota Supreme Court · 1936