Wilkin v. First Division of the St. Paul & Pacific R. R.
Supreme Court of Minnesota
Upon the petition of the defendant, the Hon. S. J. B. McMillan, one of the associate justices of the supreme court, appointed commissioners to appraise lands taken or to be taken by defendant for the use of its road. The order appointing such commissioners, which reciten the material part of the petition, is as follows: “At Chambers, St. Paul, ) June 17, a.
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Upon the petition of the defendant, the Hon. S. J. B. McMillan, one of the associate justices of the supreme court, appointed commissioners to appraise lands taken or to be taken by defendant for the use of its road. The order appointing such commissioners, which reciten the material part of the petition, is as follows: “At Chambers, St. Paul, ) June 17, a. D. 1869.) Upon reading and inspection of the petition of the First Division of the St. Paul & Pacific Bailroad Company, by George L. Becker, president thereof, stating among other things that a portion of the lines of said company’s…
1Opinion of the Court
By the Court
Berry, J.
For convenience, we will in this opinion refer to the moving parties here as plaintiffs, and to the railroad company as defendant.
The important question in the case is whether the notice of intention to apply for the appointment of commissioners, and the petition or application itself, were sufficient to authorize such appointment to be made.
The mode of exercising the right of eminent domain, whether by the state itself, or its delegates, rests in the discretion of the legislature, in so far as the legislature is not restrained by the constitution. The legislation under…
2Cited by5 opinions
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- Hursh v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1871
- Warren v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1872