Washburn v. Milwaukee & Lake Winnebago Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice TayloR: “ This is an appeal from an order of the circuit court dismissing an appeal to that court from the award of commissioners appointed on the petition of the railroad company to assess the damages for taking a certain tract of land for the purposes of such railroad.
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APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice TayloR: “ This is an appeal from an order of the circuit court dismissing an appeal to that court from the award of commissioners appointed on the petition of the railroad company to assess the damages for taking a certain tract of land for the purposes of such railroad. In the proceeding to assess the damages, Jackson, James, Stille, and the appellant, WasJh-burn, were made parties as having an interest in the lands taken by the company. The award of the commissioners from which Washburn appealed does…
1Opinion of the CourtTaylor, J.
The only ground upon which it is possible to sustain the order made by the circuit court is, that Morris was a necessary party to the hearing upon the appeal of Washburn in the circuit court, and that it was the duty of Washburn to make him a party to his action in some manner. We think the circuit court erred in so holding, for several reasons:
First. The interest of Morris in the property, if he -had any, was acquired pendente lite, and subsequent to the time when Washburn had perfected his appeal from the award of the commissioners; and in such case, if the railroad company deemed the…
2Cases cited2 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Wooster v. Sugar River Valley RailroadWisconsin Supreme Court · 1883
3Cited by8 opinions
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Munkwitz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Omaha Bridge & Terminal Railway Co. v. ReedNebraska Supreme Court · 1903
- Dickie v. City of TomahCourt of Appeals of Wisconsin · 1990
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
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