Conter v. Saint Paul & Sioux City Railroad
Supreme Court of Minnesota
Motion to dismiss appeal from judgment of district court for Scott county, entered upon a verdict ■ on appeal from the award of commissioners, in proceedings for the condemnation of plaintiff’s land for the use of the defendant’s road.
1Opinion of the CourtCornell, J.
Respondent moves to dismiss the appeal on the ground that the judgment is not appealable.
*314In McNamara v. Minn. Cent. R. Co. 12 Minn. 388, on aappeal from an order of the district court, granting a new trial, the question was distinctly presented and considered as to the application of sections 1 and 8, c. 86, Gen. St., to special proceedings of this character, and it was held that they applied alone to civil actions, except the sixth subdivision of the latter section, which in terms relates to a final order affecting a substantial right in a special proceeding. It follows that no appeal lies…
2Cases cited5 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- McNamara v. Minnesota Central Railway Co.Supreme Court of Minnesota · 1867
- Austrian v. DavidsonSupreme Court of Minnesota · 1874
- Warren v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1872
3Cited by9 opinions
- In Re Trusteeship Under Last Will of RosenfeldtSupreme Court of Minnesota · 1931
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1886
- Lafayette & Indianapolis Rapid Railway Co. v. ButnerIndiana Supreme Court · 1904
- Koochiching Co. v. FransonSupreme Court of Minnesota · 1904
- Johnson v. City of MinneapolisSupreme Court of Minnesota · 1940
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