Milwaukee Light, Heat & Traction Co. v. Ela Co.
Wisconsin Supreme Court
Appeals from orders of the circuit court for Racine county: E. B. Bjeldeh, Circuit Judge. In proceedings to acquire land by the right of eminent domain pursuant to secs. 1845 to 1851, Stats. (1898), after the commissioners filed their award respondent, as one of the property owners affected, to whom was awarded $7 64, moved the court, on affidavits and due notice to appellant, to set aside the report as to its land because of misconduct of the commissioners.
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Appeals from orders of the circuit court for Racine county: E. B. Bjeldeh, Circuit Judge. In proceedings to acquire land by the right of eminent domain pursuant to secs. 1845 to 1851, Stats. (1898), after the commissioners filed their award respondent, as one of the property owners affected, to whom was awarded $7 64, moved the court, on affidavits and due notice to appellant, to set aside the report as to its land because of misconduct of the commissioners. The motion was granted and the entire proceedings of the commissioners as to such land were vacated and they were discharged as…
1Opinion of the CourtMaeshaxl, J.
The most important proposition submitted for discussion and decision is, In condemnation proceedings under secs. 1845 to 1851, Stats. (1898), does the court have jurisdiction to vacate the award of the commissioners on account of their prejudicially improper conduct and discharge them as incompetent to further proceed ? The proposition must be examined from the viewpoint of the nature of the proceedings, the express authority of the court therein, and its inherent power as well.
*428Sec. 1846, Stats. (1898), provides for the initiation of a •condemnation proceeding by filing a petition in the…
2Cases cited12 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Antman v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1933
- State ex rel. Wright v. BarneyNebraska Supreme Court · 1937
- State v. P.G. Miron Construction Co.Wisconsin Supreme Court · 1994
- Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
18 more not listed; retrieve them via the Exa API.