Spratt v. Helena Power Transmission Co.
Montana Supreme Court
Appeal from, District Court, Lewis, and Clark County; Thos. C. Bach, Judge. Action by Augustus N. Spratt against the Helena Power Transmission Company to restrain condemnation proceedings. From a judgment for defendant, plaintiff appeals. Also condemnation proceedings by the Helena Power Transmission Company against Augustus N. Spratt and others. From a judgment: for plaintiff, defendants appeal. Statement oe the Case by the Judge Delivering the Opinion.
Read the full summary
Appeal from, District Court, Lewis, and Clark County; Thos. C. Bach, Judge. Action by Augustus N. Spratt against the Helena Power Transmission Company to restrain condemnation proceedings. From a judgment for defendant, plaintiff appeals. Also condemnation proceedings by the Helena Power Transmission Company against Augustus N. Spratt and others. From a judgment: for plaintiff, defendants appeal. Statement oe the Case by the Judge Delivering the Opinion. The appeals now before the court grew out of an attempt by respondent to acquire certain of appellants ’ lands by the right of eminent…
1Opinion of the Court
HONORABLE LEW. L. CALLAWAY,
Judge of the Fifth Judicial District, sitting in place of Mr. Justice Smith, delivered the opinion of the court.
The questions presented upon the three appeals are resolved into these: (1) Can the respondent acquire appellants’ property as for a public use? (2) Is House Bill 249, Laws of 1907, page 38, Chapter 23, a constitutional enactment? (3) Because of flooding appellants ’ lands before the condemnation proceeding was begun, is respondent deprived of the right to condemn them, and herein, are appellants deprived of their property without due process of law? We…
2Cases cited58 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Davis v. BurkeSupreme Court of the United States · 1900
53 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Montana Horse Products Co. v. Great Northern Railway Co.Montana Supreme Court · 1932
- Chovanak v. MatthewsMontana Supreme Court · 1948
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
43 more not listed; retrieve them via the Exa API.