Texas & St. Louis Railway v. Kirby
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitohel, Circuit Judge. 1. The offer to compromise and confess judgment, under sections 4752, 4758-9 Gantt’s Digest, the acceptance by defendant, and the judgment rendered thereon for eighty-five dollars, and payment by the clerk as ordered by the ■court, was a full disposition of the case, and should have been final. 2. The Kirbys had no cause of complaint. They were not subrogated to the rights of the owner of the land.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitohel, Circuit Judge. 1. The offer to compromise and confess judgment, under sections 4752, 4758-9 Gantt’s Digest, the acceptance by defendant, and the judgment rendered thereon for eighty-five dollars, and payment by the clerk as ordered by the ■court, was a full disposition of the case, and should have been final. 2. The Kirbys had no cause of complaint. They were not subrogated to the rights of the owner of the land. Damages for right of way belong to the person owning the land at the time of the taking, and do not, with-cut an express…
1Opinion of the Court
CockrilTj, O. J.
The railroad instituted proceedings under the statute to condemn the right of way through forty acres of land near Texarkana, and under an order from the circuit judge for that purpose, deposited the sum of $250 in court to pay the damages to be assessed. After the land owner had been brought into court the railroad filed a motion to compromise and confess judgment for eighty-five dollars, provided this should be taken in full of all damages, and about the same time filed a motion to have the Kirbys, who are appellees here, made parties, because, as the motion alleged, they…
2Cases cited1 opinion
- Sherman v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
3Cited by11 opinions
- Fort Smith & Van Buren District v. ScottSupreme Court of Arkansas · 1912
- Seattle & Montana Railway Co. v. GilchristWashington Supreme Court · 1892
- Hempstead v. Salt Lake CityUtah Supreme Court · 1907
- Schuler v. Board of SupervisorsSouth Dakota Supreme Court · 1900
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
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