Northern Pacific Railway Co. v. McAdow
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Condemnation proceedings by the Northern Pacific Eailway Company 'against William McAdow, Florence Y. McAdow, and others. From an order of condemnation, defendants McAdow appeal. The complaint does not state facts sufficient to constitute a cause of action, in that it does not appear therefrom whether the tract of land sought to be condemned includes the whole or only a part of the entire parcel or tract.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Condemnation proceedings by the Northern Pacific Eailway Company 'against William McAdow, Florence Y. McAdow, and others. From an order of condemnation, defendants McAdow appeal. The complaint does not state facts sufficient to constitute a cause of action, in that it does not appear therefrom whether the tract of land sought to be condemned includes the whole or only a part of the entire parcel or tract. (Eev. Codes, subd. 5, see. 7337.) Proceedings in condemnation are statutory, and a strict compliance with the…
1Opinion of the CourtChief Justice Brantly
This controversy arises out of a proceeding instituted by the plaintiff under Part III, Title VIl of the Code of Civil Procedure, relating to eminent domain. (Eev. Codes, secs. 7331-7355.) Plaintiff seeks to appropriate to its own use a strip of land 100 feet in width, containing 4.25 acres and extending in a southwesterly direction from its main line, at the city of Bozeman in Gallatin county, through certain blocks in the Northern Pacific Addition to the city, belonging to the defendants William B. and Florence Y. McAdow, its purpose apparently being to occupy the strip as a way for a spur…
2Cases cited7 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Prather v. Jeffersonville, Madison & Indianapolis RailroadIndiana Supreme Court · 1875
- Eldridge v. SmithSupreme Court of Vermont · 1861
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- Chicago & Eastern Illinois Railroad v. People ex rel. LanghansIllinois Supreme Court · 1906
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