In re the proceedings by the St. Paul & Northern Pacific Railway Co.
Supreme Court of Minnesota
The St. Paul & Northern Pacific Railway Company having presented its petition, under Gen. St. 1878, c. 34, § 14, to the district court for Hennepin county, asking to condemn certain lands therein described, the state appeared and filed an answer, putting in issue the power of the petitioner to condemn, denying that the public use or necessity required the prosecution of the enterprise of the petitioner, and alleging that certain lots described in the petition as belonging to…
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The St. Paul & Northern Pacific Railway Company having presented its petition, under Gen. St. 1878, c. 34, § 14, to the district court for Hennepin county, asking to condemn certain lands therein described, the state appeared and filed an answer, putting in issue the power of the petitioner to condemn, denying that the public use or necessity required the prosecution of the enterprise of the petitioner, and alleging that certain lots described in the petition as belonging to certain individuals therein named were held in trust for, and belonged to, the University of Minnesota, and that the…
1Opinion of the CourtYanderburgh, J.
This is an appeal from an order of the district court of Hennepin county appointing commissioners to appraise damages upon the petition of the respondent railway company, in pursuance of Gen. St. 1878, c. 34, § 17.
1. Such order is a final order in a special proceeding, and hence appealable. Among other things it determined that the lands proposed to be taken were required and necessary for the proposed improvement. The question so determined would not again arise or be considered in the course of any subsequent proceedings, but was determined once for all, and affected a substantial right. In…
2Cases cited5 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
- In Re New York Central Railroad to Acquire Lands of ArmstrongNew York Court of Appeals · 1876
- New York Central & Hudson River Railroad v. Metropolitan Gas-Light Co.New York Court of Appeals · 1875
- In re JonesSupreme Court of Minnesota · 1885
3Cited by27 opinions
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Logan v. StogsdaleIndiana Supreme Court · 1890
- State ex rel. Hunt v. City of MontevideoSupreme Court of Minnesota · 1919
- Wisconsin Water Co. v. WinansWisconsin Supreme Court · 1893
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