Southwestern Land Co. v. Hickory Jackson Ditch Co.
Supreme Court of Colorado
Appeal from the County Court of Conejos County. The Hickory Jackson Ditch Company filed its petition in the county court of Conejos county to condemn a right of way for a ditch across certain lands of the Southwestern Land Company. The jurisdictional allegation therein contained is as follows: “ That the value of the strip of land herein sought to be condemned and acquired is. less than two thousand dollars.”
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Appeal from the County Court of Conejos County. The Hickory Jackson Ditch Company filed its petition in the county court of Conejos county to condemn a right of way for a ditch across certain lands of the Southwestern Land Company. The jurisdictional allegation therein contained is as follows: “ That the value of the strip of land herein sought to be condemned and acquired is. less than two thousand dollars.” The clerk of the court in pursuance of section 8 of “ an act to provide for the exercise of the right of eminent domain,” as amended in 1889, selected a jury as therein provided ; issued…
1Opinion of the CourtJustice Goddard
The foregoing statement sufficiently presents the three more important questions involved in this controversy:
First. The sufficiency of the petition to confer jurisdiction upon the county court to entertain the proceedings; and, Second. The right.'to submit the question of compensation to a jury over the objection of respondent. Third. The validity of the judgment against respondent for petitioner’s costs.
The petition originally filed was defective in not averring that the amount of damages, if any, to the residue of respondent’s property, and the value of the strip of land sought to be…
2Cited by9 opinions
- Wassenich v. City & County of DenverSupreme Court of Colorado · 1919
- Keller v. MillerSupreme Court of Colorado · 1917
- Nelson v. ChittendenSupreme Court of Colorado · 1912
- Union Manufacturing Co. v. SpiesWisconsin Supreme Court · 1923
- City of Westminster v. HartColorado Court of Appeals · 1996
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