City of Madison v. Daley
U.S. Circuit Court for the District of Indiana
At Law. These were proceedings by the city of Madison to condemn and appropriate the defendant's wharf property on the Ohio river in the city of Madison for the use of said city as a public wharf. Appealed from the city council, which sustained the condemnation proceedings, to the circuit; court of Jefferson county, Ind. Removed into’ this court by the defendant on the ground of diverse citizenship.
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At Law. These were proceedings by the city of Madison to condemn and appropriate the defendant's wharf property on the Ohio river in the city of Madison for the use of said city as a public wharf. Appealed from the city council, which sustained the condemnation proceedings, to the circuit; court of Jefferson county, Ind. Removed into’ this court by the defendant on the ground of diverse citizenship. The cause came on to be heard on objections filed by the defendant pursuant to the practice provided for in uthe act under which the proceedings were carried on. Oiled the following authorities:…
1Opinion of the Court
BAKER, District Judge,
(orally.) The common council of the city of Madison, on the 4th day of January, 1893, adopted a motion “(hat the committee on wharves instruct the city commissioners to condemn the property known as the ‘Daley Wharf Property,’ to be used for city wharf purposes.” Without further action by the common council, the city commissioners were convened, made an exam*752ination of the premises, and decided in favor of condemning the wharf property for the purposes stated, and they awarded $1,500 compensation to the owners of the wharf. On the 20th day of April, 1893, the city…
2Cases cited5 opinions
- United States v. FreemanSupreme Court of the United States · 1845
- City of Delphi v. EvansIndiana Supreme Court · 1871
- City of Logansport v. CrockettIndiana Supreme Court · 1878
- O'Neil v. TylerNorth Dakota Supreme Court · 1892
- Sullivan v. City of LeadvilleSupreme Court of Colorado · 1888
3Cited by6 opinions
- Simpson v. WinegarOregon Supreme Court · 1927
- City of Flagstaff v. Associated Dairy Products Co.Arizona Supreme Court · 1953
- Sauder v. District Board of School District No. 10Michigan Supreme Court · 1935
- State Ex Rel. Haley v. DilworthMontana Supreme Court · 1927
- Imperial Irrigation Co. v. JayneTexas Supreme Court · 1911
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