Helm & Northwestern Railroad v. Turner
Mississippi Supreme Court
Erom the circuit court of Bolivar, county. Hon. A. McO. Kimbrough, Judge. The Helm & Northwestern Railroad Company, the appellant, was the applicant in eminent domain proceedings against Turner and others, appellees, and appealed from the eminent domain court to the circuit court. At the ensuing term of the circuit court, that court, on the motion of appellee, Turner, dismissed the appeal. The railroad company thereupon appealed to the supreme court.
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Erom the circuit court of Bolivar, county. Hon. A. McO. Kimbrough, Judge. The Helm & Northwestern Railroad Company, the appellant, was the applicant in eminent domain proceedings against Turner and others, appellees, and appealed from the eminent domain court to the circuit court. At the ensuing term of the circuit court, that court, on the motion of appellee, Turner, dismissed the appeal. The railroad company thereupon appealed to the supreme court. The appellee’s motion to dismiss the appeal was based upon the admitted facts that after the railroad company had taken appeal from the court of…
1Opinion of the CourtMayes, J.
On the 21st of July, 1905, the TIelm & Northwestern Railroad Company made application for condemnation of a strip of land to be used as a right of way for said company. The land sought to be condemned was the property of appellees. The proceedings leading up to the organization of the court of eminent domain seem to conform to all the requirements of the statute, and on the 29th day of July, 1905, the court met, viewed the land sought to be condemned, heard the evidence, the jury were instructed by the court, and the value of the land sought to be condemned assessed at something over $4,000;…
2Cited by4 opinions
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