Republican Valley R. R. v. Linn
Nebraska Supreme Court
Error to the district court for Pawnee county, where the •cause bad been brought on appeal from the county court ■on an award of damages for right of way of the railroad of a, tract of land belonging to Linn. Tried below before ■WEAVER, J. Plaintiff was entitled to notice of appeal. Neb, Railway ■v. Van Deusen, 6 Neb., 160. On proof of damages, cited: Evansville R. R. v. Fitzpatrick, 10 Ind., 120. Farrandv.
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Error to the district court for Pawnee county, where the •cause bad been brought on appeal from the county court ■on an award of damages for right of way of the railroad of a, tract of land belonging to Linn. Tried below before ■WEAVER, J. Plaintiff was entitled to notice of appeal. Neb, Railway ■v. Van Deusen, 6 Neb., 160. On proof of damages, cited: Evansville R. R. v. Fitzpatrick, 10 Ind., 120. Farrandv. O. R. R., 21 Wis., 435. Harrison v. Iowa R. R., 36 la., ■323. Alabama R. R. v. Burkett, 42 Ala., 83. F. E. & M. V. R. R. v. Whalen, 11 Neb., 587. Oity of Parsons ■v. Lindsay, 26 Kan., 430.…
1Opinion of the CourtCobb, J.
In this case there are numerous errors assigned in the motion for a new trial and the petition in error which are not noticed in the brief of plaintiff in error. Those noticed in the brief only will be considered in this opinion.
The first point made is, “ that the court against the objections of plaintiff in error assumed and entertained jurisdiction in the case on the pretended appeal by defendant in ■error from the award of the commissioners.”
It appears from the record that the plaintiff in error made a special appearance in the court below and filed a ■motion to dismiss the appeal in said…
2Cited by7 opinions
- Johnston v. SpencerNebraska Supreme Court · 1897
- Atchison, Topeka & Santa Fé Railroad v. TownsendSupreme Court of Kansas · 1888
- Blakeley v. Chicago, Kansas & Nebraska RailwayNebraska Supreme Court · 1888
- Nickolizack v. StateNebraska Supreme Court · 1905
- Beckman v. Lincoln & Northwestern RailroadNebraska Supreme Court · 1909
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