Gill v. Milwaukee & Lake Winnebago Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pond du Lao County. The proceeding was instituted in the circuit court by the respondent, Miohael Gill, under sec. 1852, R. S., to procure the appointment of commissioners to appraise his damages caused by the taking of certain of his real estate by the appellant, the Milwaukee de Lake Winnebago LtaiT/road Oomgoany, for the purposes of its railroad.
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APPEAL from the Circuit Court for Pond du Lao County. The proceeding was instituted in the circuit court by the respondent, Miohael Gill, under sec. 1852, R. S., to procure the appointment of commissioners to appraise his damages caused by the taking of certain of his real estate by the appellant, the Milwaukee de Lake Winnebago LtaiT/road Oomgoany, for the purposes of its railroad. The petition of the respondent alleges that he is the owner in fee of certain lots in the city of Pond du Lae, therein described, and, substantially, that a portion thereof has been so taken by the railroad…
1Opinion of the CourtLvosr, J.
Two reasons are urged for the reversal of the orders appealed from. These are: (1) The making and filing of findings of fact and conclusions of law are essential to the validity of the order appointing commissioner’s; and (2) the court had no jurisdiction, at a subsequent term, to interfere with the original appointment of the commissioners.
*2951. This proceeding for the appointment of commissioners is not an action, but a special proceeding, and the order appointing or refusing to appoint commissioners is a final order therein. Wis. Cent. R. Co. v. Cornell University, 49 Wis. 162. The statute…
2Cases cited1 opinion
- Wisconsin Central Railroad v. Cornell UniversityWisconsin Supreme Court · 1880
3Cited by8 opinions
- Perkins v. PeacockWisconsin Supreme Court · 1953
- State Ex Rel. Skibinski v. TadychWisconsin Supreme Court · 1966
- Henry S. Cooper, Inc. v. Town of Pleasant PrairieWisconsin Supreme Court · 1942
- State ex rel. Chicago & Northwestern Railway Co. v. Oshkosh, Algoma & Black Wolf RailroadWisconsin Supreme Court · 1898
- Cottonwood Sheep Co. v. MurphyWyoming Supreme Court · 1935
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