Kanne v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Waseca county, to recover possession of certain real estate together with damages for withholding the same. The defendant denied plaintiff’s title, and set up the condemnation proceedings which were considered by this court in Minn. & St. L. Ry.
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Plaintiff brought this action in the district court for Waseca county, to recover possession of certain real estate together with damages for withholding the same. The defendant denied plaintiff’s title, and set up the condemnation proceedings which were considered by this court in Minn. & St. L. Ry. Go. v. Kanne, 32 Minn. 174, together with certain proceedings had in that case and certain acts of plaintiff (which are stated in the opinion) claimed by defendant to constitute a waiver of defects' in the condemnation proceedings. The action was tried before Buchhcm, J., who directed a verdict…
1Opinion of the CourtMitchell, J.
It must be taken as the law of this case that the *420award of the commissioners was void for want of notice to plaintiff of the time and place of their meeting to assess his damages. Minn. & St. Louis Ry. Co. v. Kanne, 32 Minn. 174. Of course, tender of the amount would be unavailing, because the plaintiff would not be bound to receive it. If the award was void, it also follows that the plaintiff was not required to move to set it aside, but might attack it collaterally in any action in which rights were claimed under it. Therefore, really the only question in the case is whether the plaintiff…
2Cases cited8 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- State v. BrandtSupreme Court of Iowa · 1875
- Boyles v. McMurphyIllinois Supreme Court · 1870
- Curtis v. JacksonSupreme Court of Minnesota · 1877
- Weston v. LoyhedSupreme Court of Minnesota · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Riley v. PearsonSupreme Court of Minnesota · 1913
- Heidel v. BenedictSupreme Court of Minnesota · 1895
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Eberle v. MillerSupreme Court of Minnesota · 1927
13 more not listed; retrieve them via the Exa API.