Legal Opinion

Rheiner v. Union Depot, Street Railway & Transfer Co.

Supreme Court of Minnesota

Decided December 8, 1883PublishedCited by 11 opinions

This action was brought in the district court for Washington county, to restrain the defendants from occupying and using the plaintiffs land. The allegations of the complaint are stated in the opinion. The defendant, the Union Depot, Street Railway and Transfer Company, having answered, moved for judgment on the pleadings, which motion was granted by the court, Crosby, J., presiding.

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This action was brought in the district court for Washington county, to restrain the defendants from occupying and using the plaintiffs land. The allegations of the complaint are stated in the opinion. The defendant, the Union Depot, Street Railway and Transfer Company, having answered, moved for judgment on the pleadings, which motion was granted by the court, Crosby, J., presiding. The other defendants demurred to the complaint on the ground, among others, that it does not state facts sufficient to constitute a cause of action. The demurrers were sustained by Crosby, J., and the plaintiff…

1Opinion of the CourtDickinson, J.

An outline of the facts resulting in the instituting' of this action, and which are set forth in the complaint, is as follows The plaintiff being the owner and in the possession of a lot of land in the city of Stillwater, 60 feet wide and 240 feet deep, the defendant, the Union Depot, Street Railway & Transfer Company, filed Repetition in the district court to condemn for its use, under the law of eminent domain, the east 90 feet of the lot. Commissioners were appointed pursuant to the prayer of the petition. Afterwards, and 10 days after the time designated in the order of the court upon the…

2Cases cited8 opinions

  1. Johnston v. . RankinSupreme Court of North Carolina · 1874
  2. Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
  3. Ney v. SwinneyIndiana Supreme Court · 1871
  4. Pinkham v. Inhabitants of ChelmsfordMassachusetts Supreme Judicial Court · 1872
  5. Rheiner v. Stillwater Street Railway & Transfer Co.Supreme Court of Minnesota · 1882

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3Cited by11 opinions

  1. Harrington v. Superior CourtCalifornia Supreme Court · 1924
  2. State, by Lord v. FrisbySupreme Court of Minnesota · 1961
  3. Marcus v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
  4. Oronoco School District v. Town of OronocoSupreme Court of Minnesota · 1927
  5. Whitely v. Mississippi Water Power & Boom Co.Supreme Court of Minnesota · 1888

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