Bohlman v. Green Bay & Minnesota Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County.* Action to restrain tbe defendant from constructing its road across plaintiff’s land.
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APPEAL from the Circuit Court for Outagamie County.* Action to restrain tbe defendant from constructing its road across plaintiff’s land. Tbe complaint alleged tbe incorporation of tbe defendant under a charter granted in 1866, tbe location of .its road across bis land without bis consent, entry upon tbe land against bis protest, and tbe taking of possession without making or offering compensation, etc.; and it prayed a perpetual injunction against tbe construction of tbe road across said land, tbe running of cars and locomotives thereon, etc. Tbe original answer denied entry without consent,…
1Opinion
On a motion by the respondent for a rehearing, it was urged in the brief of Norris & Chynoweth, that sec. 33, ch. 119, R. S.,"* is applicable to a proceeding for the condemnation of land, *170"because, from the time of the application to the court for «the appointment of commissioners until judgment obtained, there is a judicial proceeding, an action, pending. Warren v. R. R. Co., 18 Minn., 384; In re Cooper, 22 N. Y., 67; Colby v. Dennis, 36 Me., 9; Peoria & R. I. Railway Co. v. Birkett, 62 Ill., 332; Kennett's Petition, 4 Foster, 139; and especially Kohl v. United States, 91 U. S. (1 Otto),…
2Cases cited22 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
- Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Pratt v. BrownWisconsin Supreme Court · 1854
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