St. Joseph & Denver City Rld. v. Callender
Supreme Court of Kansas
Error from Washington District Court. Ejectment, brought by Callender, to recover possession of certain lands occupied by the Railroad Company, and claimed by said company as its right of way under condemnation proceedings. The facts, and the proceedings in the court below, are fully stated in the opinion.
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Error from Washington District Court. Ejectment, brought by Callender, to recover possession of certain lands occupied by the Railroad Company, and claimed by said company as its right of way under condemnation proceedings. The facts, and the proceedings in the court below, are fully stated in the opinion. Callender had judgment for the possession of the land, at the December Term 1873 of the district court, and the Railroad Company brings the case here on error. 1. The proceedings to condemn were commenced under §§ 10 and 11 of the charter of the company, (acts of 185.7, p. 196,) which have…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statement of ease. The facts in this case are briefly as follows: In June 1871 the plaintiff in error commenced proceedings to con<lemn the right of way through lands of defendant in error, situate in the county of Washington. Commissioners were duly appointed, who assessed the damages at $66.10. This amount was deposited with the county treasurer. All the proceedings were regular, and conformed to the statute. Dissatisfied with the award of the commissioners, Callender appealed to the district court, and in August 1872, obtained a verdict…
2Cases cited5 opinions
- Williams v. McMillanOhio Supreme Court · 1849
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Richards v. Des Moines Valley RailroadSupreme Court of Iowa · 1865
- Loop v. ChamberlainWisconsin Supreme Court · 1865
3Cited by13 opinions
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Epperson v. JohnsonSupreme Court of Oklahoma · 1941
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