Spaulding v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The defendant company petitioned the circuit court to appoint commissioners to appraise the damages to the owners by reason of the taking by the company of a certain-parcel of land in the city of Appleton for the uses and purposes of its railway. The petition stated that the plaintiff George W. Spaulding and one Peter E. Dane claimed a leasehold interest in a portion of the premises sought to be condemned.
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APPEAL from the Circuit Court for Outagamie County. The defendant company petitioned the circuit court to appoint commissioners to appraise the damages to the owners by reason of the taking by the company of a certain-parcel of land in the city of Appleton for the uses and purposes of its railway. The petition stated that the plaintiff George W. Spaulding and one Peter E. Dane claimed a leasehold interest in a portion of the premises sought to be condemned. Pending the proceedings Dane died, and his administrator, widow, and heirs were afterwards made parties, and are the other plaintiffs…
1Opinion of the Court
The following opinion was filed December 12, 1882:
LyoN, J.
The defendant, the railway company, has no interest whatever in the award of the commissioners to Spauld-ing and Dane. It was content with the commissioners’ appraisal of the value of the whole parcel of land condemned to its use, and did not appeal therefrom. All it had to do was to pay into court the amount of the appraisal, and the condemnation was complete. To whom the money was dis*306tributed by the commissioners or the court did not concern the railway companjr in the least. The statute (R. S., 541, sec. 1849) gives the right to…
2Cited by8 opinions
- City of St. Louis v. RossiSupreme Court of Missouri · 1933
- Korf v. FlemingSupreme Court of Iowa · 1948
- Fiorini v. City of KenoshaWisconsin Supreme Court · 1932
- State ex rel. Kafka v. District CourtSupreme Court of Minnesota · 1915
- Borowicz v. HamannWisconsin Supreme Court · 1926
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