Canton, Aberdeen & Nashville Railroad v. French
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. Action of trespass instituted by appellee against appellant in April, 1889, for entering upon and cutting down trees and digging ditches on plaintiff's land, and in building and operating a railroad tbereon. The defendant interposed a plea of general issue, and a special plea setting up condemnation proceedings in 1883, prior to the entry, and tender of the amount awarded plaintiff.
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From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. Action of trespass instituted by appellee against appellant in April, 1889, for entering upon and cutting down trees and digging ditches on plaintiff's land, and in building and operating a railroad tbereon. The defendant interposed a plea of general issue, and a special plea setting up condemnation proceedings in 1883, prior to the entry, and tender of the amount awarded plaintiff. To this plea a demurrer was sustained. Thereupon the defendant filed another plea, averring that in October, 1889, after suit brought, and…
1Opinion of the Court
'Woods, C. J.,
delivered the opinion of the court.
The action of the trial court in sustaining the demurrer of the plaintiff below to the railroad company’s first special plea, which set up an alleged condemnation proceeding of the locus in quo in the year 1883, is assigned for error and will first be briefly considered by us. A great part of the luminous and able brief of counsel for appellant is devoted to an effort to show that there was a mere clerical mistake in the insertion in those proceedings of the wrong number of the part of the section of land actually sought to be condemned (17…
2Cited by3 opinions
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- Erceg v. Fairbanks Exploration Co.Court of Appeals for the Ninth Circuit · 1938
- Gulf & Ship Island Railroad v. SingleterryMississippi Supreme Court · 1901