Robbins v. Saint Paul, Stillwater & Taylor's Falls Railroad
Supreme Court of Minnesota
Proceedings were instituted by tbe defendant under the provisions of title 1, c. 34, Gen. St., to condemn certain lands, including a lot belonging to plaintiff. Commissioners having been appointed, and their award having been filed, the plaintiff appealed to the district court for Eamsey county.
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Proceedings were instituted by tbe defendant under the provisions of title 1, c. 34, Gen. St., to condemn certain lands, including a lot belonging to plaintiff. Commissioners having been appointed, and their award having been filed, the plaintiff appealed to the district court for Eamsey county. Yerdict was rendered upon the appeal in favor of the plaintiff, Bobbins, and a judgment was entered thereon, in which it was “ordered, adjudged and decreed that the said appellant, Daniel M. Eobbins, do have and recover judgment herein against the said respondent, the St. Paul, Stillwater & Taylor’s…
1Opinion of the CourtGilbtllan, C. J.
This case must be governed by the decision in Curtis against this defendant, 21 Minn. 497. The decision in that case was not, as seems to be assumed by the appellant, that there may be two kinds of judgment upon appeals in these proceedings, under chapter 34, Gen. St.; one kind where the company gives security in order to obtain possession of the land before the appeal is determined, and another kind where no such security is given. *192Section 26 provides that the judgment shall declare what right the company shall acquire by payment.
The court held, in the Curtis case, that section 26 does not…
2Cases cited1 opinion
- Curtis v. Saint Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
3Cited by1 opinion
- Fletcher v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1897