Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Nowlin
Indiana Supreme Court
From Dearborn Circuit Court; William 8. Holman, Special Judge. Action by the Cleveland, Cincinnati, Chicago & St. Louis Railway Company against Robert J. Nowlin and wife for the condemnation of lands. From a j udgment for defendant refusing to permit plaintiff to litigate an award in favor of defendant for $9,000 damages after payment, the plaintiff appeals. Transferred from the Appellate Court under §1337u Burns 1901.
1Opinion of the CourtMonks, J.
Appellant commenced this .proceeding under §5160 Burns 1901, §3907 R. S. 1881 and Horner 1901, to condemn real estate owned by appellees, for a right of way. After the appraisers returned their award, *498appellant filed exceptions to the award, and thereafter paid to the clerk of the court below the amount of said award, and took possession of said strip of land described in the instrument of appropriation, and constructed its railroad thereon. Appellees received said money from the clerk, and filed no exceptions to the award. To appellees’ answer averring said facts appellant replied that it…
2Cases cited23 opinions
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- Consumers' Gas Trust Co. v. HarlessIndiana Supreme Court · 1892
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
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3Cited by13 opinions
- Mt. Shasta Power Corp. v. DennisCalifornia Court of Appeal · 1924
- State v. PollittIndiana Supreme Court · 1942
- Terre Haute & Logansport Railway Co. v. Indianapolis & Northwestern Traction Co.Indiana Supreme Court · 1906
- McConnell, Admx. v. Thomson, Tr.Indiana Supreme Court · 1937
- Princeton Coal & Mining Co. v. GilmoreIndiana Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.