Lafayette & Indianapolis Rapid Railway Co. v. Butner
Indiana Supreme Court
From Boone Circuit Court; J. L. Clark, Special Judge. Proceeding by the Lafayette & Indianapolis Rapid Railway Company against Charles F. Butner and others to condemn lands for right of way. From an order denying an application by the railroad company for the appointment of appraisers, it appeals. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtGillett, C. J.
This was a proceeding instituted under §5160 Burns 1901, by the above-named company, to condemn certain lands for the purposes of a right of way. The Boone Circuit Court permitted issues of fact to bo framed upon the instrument of appropriation, and, after hearing evidence as to such issues, entered an order refusing to appoint appraisers. From such order said company has attempted to appeal to the Appellate Court. The threshold question in this case is whether we have any jurisdiction over this proceeding, or, in other words, whether such an appeal will lie.
*461The statute under which the…
2Cases cited19 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Searl v. School District No. 2Supreme Court of the United States · 1888
- Secombe v. Railroad Co.Supreme Court of the United States · 1874
- Lake Erie & Western Railway Co. v. WatkinsIndiana Supreme Court · 1902
- Board of Commissioners v. State ex rel. BrownIndiana Supreme Court · 1897
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