Legal Opinion

American States Security Co. v. Milwaukee Northern Railway Co.

Wisconsin Supreme Court

Decided April 20, 1909PublishedCited by 13 opinions

‘‘' Appeal from a judgment of the circuit court for Ozaukee .county: Martin L. Lueck, Circuit Judge. Action to determine compensation for taking land for railway purposes. The amount taken was 1.63 acres out of 65 acres.' The •strip left plaintiff’s premises in one part of 37 acres and another of 26.37 acres, the latter having thereon costly improvements including a stone house and bam.

Read the full summary

‘‘' Appeal from a judgment of the circuit court for Ozaukee .county: Martin L. Lueck, Circuit Judge. Action to determine compensation for taking land for railway purposes. The amount taken was 1.63 acres out of 65 acres.' The •strip left plaintiff’s premises in one part of 37 acres and another of 26.37 acres, the latter having thereon costly improvements including a stone house and bam. There was evidence on plaintiff’s part that the strip taken, as a part of the whole tract, not considering the added value by reason of buildings, was worth as much as $120 per acre, and with .such added value…

1Opinion of the Court

Marshall, X

■' Respondent’s counsel insist that appellant Í9 not in a position to raise any question as to error in in*202structions because exceptions were not filed during the trial term, nor error in denying the motion for a new trial because no exception was taken to tbe ruling on that question.

Sec. 2869, Stats. (1898), requires exceptions to instructions to be made during the pendency of the trial term. By ch. 6, Laws of 1905, a regular term of court in any county is presumed to continue till the commencement of the next general term in such county, unless terminated by special order,…

2Cases cited11 opinions

  1. Emery v. StateWisconsin Supreme Court · 1899
  2. Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
  3. Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
  4. State v. West Duluth Land Co.Supreme Court of Minnesota · 1899
  5. Weyer v. Chicago, Wisconsin & Northern RailroadWisconsin Supreme Court · 1887

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People Ex Rel. Department of Public Works v. SilveiraCalifornia Court of Appeal · 1965
  2. Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916
  3. Weeden v. City of BeloitWisconsin Supreme Court · 1966
  4. Jeffery v. OsborneWisconsin Supreme Court · 1911
  5. Blick v. Ozaukee CountyWisconsin Supreme Court · 1923

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API