Legal Opinion

Douglass v. Byrnes

U.S. Circuit Court for the District of Nevada

Decided July 9, 1894No. 574PublishedCited by 2 opinions

This was a petition by J. M. Donglass and others against J. D. Brynes and others for the condemnation of a right of way for the construction of a mining tunnel.

1Opinion of the Court

HAWLEY, District Judge.

Petitioners move the court to set aside the report (there is a majority and minority report) of the commissioners herein, upon the ground, among others, of irregularity in the proceedings of Commissioner O. E. Mack, who was selected by defendants, and appointed by the court, as a “disinterested person,” to ascertain and assess the compensation to be paid defendants by.petitioners for-the right of way condemned for the purpose of constructing a tunnel under the provisions of the “Act to encourage the mining, milling, smelting or other reduction of ores in the state of…

2Cases cited13 opinions

  1. Davis v. StateIndiana Supreme Court · 1871
  2. People v. TurnerCalifornia Supreme Court · 1870
  3. Towns of Groton & Ledyard v. HurlburtSupreme Court of Connecticut · 1852
  4. Ensign v. HarneyNebraska Supreme Court · 1883
  5. McDaniels v. McDanielsSupreme Court of Vermont · 1867

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3Cited by2 opinions

  1. Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
  2. Milwaukee Light, Heat & Traction Co. v. Ela Co.Wisconsin Supreme Court · 1910

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