Legal Opinion

Larson v. Superior Short Line Railway Co.

Wisconsin Supreme Court

Decided September 22, 1885PublishedCited by 7 opinions

APPEAL from tlie Circuit Court for Douglas County. The following- statement of the case was prepared hy Mr. Justice Tayloe as a part of the opinion: This is an appeal from an order of the circuit court refusing to dismiss the appeal in the action.

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APPEAL from tlie Circuit Court for Douglas County. The following- statement of the case was prepared hy Mr. Justice Tayloe as a part of the opinion: This is an appeal from an order of the circuit court refusing to dismiss the appeal in the action. The respondent undertook to appeal from the award of the commissioners appointed by the circuit court to fix the compensation and damages to be awarded the owners of the lands taken by said railway company for the construction of its railroad in the city of Superior and other places in Douglas county. It appears from the records in this case that…

1Opinion of the CourtTaylor, J.

It is claimed by the learned counsel that the appeal should have been dismissed “ (1) because it was an attempt to base four separate and distinct actions upon one process; (2) because the appeal is bad for duplicity, in that it attempts to take up four separate and distinct judgments by one appeal; (3) the appeal is bad for uncertainty, in that it fails to state the subject matter appealed from, and is misleading.”

*62The first and second objections relate to the joinder of the several separate owners of the lands and of the damages awarded therefor in the notice of appeal. It is, perhaps, a…

2Cases cited1 opinion

  1. Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884

3Cited by7 opinions

  1. State Ex Rel. Weltmer v. TaylorNew Mexico Supreme Court · 1938
  2. Stollenwerck v. Elmore CountySupreme Court of Alabama · 1923
  3. Burke v. Missouri-Kansas-Texas RailroadSupreme Court of Kansas · 1931
  4. United States v. Federal Land BankCourt of Appeals for the Eighth Circuit · 1942
  5. State Ex Rel. Deering v. District Court of Fifth Judicial Dist.New Mexico Supreme Court · 1950

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