Knauft v. St. Paul, Stillwater & Taylor's Falls Railroad
Supreme Court of Minnesota
The railroad company instituted proceedings, under Gen. St. ch. 34, to condemn lots 7 and 8, in block 59, in Kittson’s addition to St. Paul, for the purposes of its railroad. The petition of the company set forth that the present respondents were tenants in common of the land in fee, and that certain other persons held a mortgage thereon. The mortgagees took no appeal from the award of the commissioners.
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The railroad company instituted proceedings, under Gen. St. ch. 34, to condemn lots 7 and 8, in block 59, in Kittson’s addition to St. Paul, for the purposes of its railroad. The petition of the company set forth that the present respondents were tenants in common of the land in fee, and that certain other persons held a mortgage thereon. The mortgagees took no appeal from the award of the commissioners. The land owners appealed to the district court for Kamsey county, where the cause was tried before Glmtfteld, J., (sitting for the judge of the second district,) and a verdict was rendered…
1Opinion of the CourtCornell, J.
Section 5, ch. 72, Gen. St., prescribes the form of the oath “to be administered to petit jurors empanelled for the trial of any civil action or proceeding.” This oath was administered to the jury in this case. This is alleged as error by the appellant, who claims that the proper oath to be administered on the trial of appeals of this character is the one prescribed to be taken by the commissioners appointed to ascertain and determine the amount of compensation to be paid, before entering upon their duties, by Gen. St. ch 34, § 17, known as the general railroad act. This act is silent upon…
2Cases cited2 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Saint Paul & Sioux City Railroad v. MatthewsSupreme Court of Minnesota · 1871
3Cited by6 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Brisbine v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1876
- City of Minneapolis v. WilkinSupreme Court of Minnesota · 1883
- Oronoco School District v. Town of OronocoSupreme Court of Minnesota · 1927
- Bennett v. Minneapolis & Pacific Railway Co.Supreme Court of Minnesota · 1889
1 more not listed; retrieve them via the Exa API.