Legal Opinion

State ex rel. Arkansas Western Railway Co. v. Rowe

Supreme Court of Arkansas

Decided November 16, 1901PublishedCited by 4 opinions

Petition for Prohibition. STATEMENT BY THE COURT. Arkansas Western Railroad Company, incorporated under the laws of Arkansas for the purpose of constructing, maintaining and operating a line of standard-gauge railroad from Howe or Hav-ener, in the Indian territory, to Waldron, county seat of Scott county, Arkansas, on May 11, 1901, for the purpose of securing by condemnation a right of wa.y over the lands of John T. Wood, filed its petition, under the statute, in the office…

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Petition for Prohibition. STATEMENT BY THE COURT. Arkansas Western Railroad Company, incorporated under the laws of Arkansas for the purpose of constructing, maintaining and operating a line of standard-gauge railroad from Howe or Hav-ener, in the Indian territory, to Waldron, county seat of Scott county, Arkansas, on May 11, 1901, for the purpose of securing by condemnation a right of wa.y over the lands of John T. Wood, filed its petition, under the statute, in the office of the clerk of the circuit court for Scott county. Proceedings against some eighteen or twenty other parties also were…

1Opinion of the Court

Hughes, J.,

(after stating the facts). The facts in this case seem to be undisputed, and the only question presented by the record is one of law, and that is, in a proceeding to condemn land for public use, as for the right of way of a railroad, can a change of venue be ordered according to law? Petitioner contends that a change of venue can be ordered legally only in a civil action, and that a proceeding to condemn land for public use, under our constitution and laws, is not a civil action, but comes within the definition of a special proceeding, under our code, which provides:

Sand. & H.…

2Cases cited4 opinions

  1. Anderson v. SnyderWest Virginia Supreme Court · 1883
  2. Jackman Will CaseWisconsin Supreme Court · 1871
  3. Pettis v. Town of PomfretSupreme Court of Connecticut · 1859
  4. Nantasket Beach Railroad v. RansomMassachusetts Supreme Judicial Court · 1888

3Cited by4 opinions

  1. City of Tucumcari v. Magnolia Petroleum Co.New Mexico Supreme Court · 1953
  2. Arkansas State Highway Commission v. RobertsSupreme Court of Arkansas · 1970
  3. Board of Directors of St. Francis Levee District v. ReddittSupreme Court of Arkansas · 1906
  4. Linwood & Auburn Levee District v. StateSupreme Court of Arkansas · 1915

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