De Hansen v. District Court of the Second Judicial District of the Territory
Arizona Supreme Court
CERTIORARI oel petition of Angelas Dias de Hansen and others to review an order permitting immediate possession of certain property sought to be condemned for a public road. Demurrer on petition overruled. The facts are stated in the opinion.
1Opinion of the CourtNave, J.
— Cochise county brought suit under the eminent domain law in the district court of Cochise county to condemn certain land belonging to petitioners for use as a public road. ■ Paragraph 2453, Revised Statutes of 1901, provides that at any time after filing the complaint to condemn real estate the plaintiff may make application to the court for an order permitting him to take immediate possession of the property sought to be condemned; that thereupon the court shall hear testimony as to the probable damages to each owner, and may direct that “upon the deposit of such sums of money as the court…
2Cases cited14 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
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- Kennedy v. IndianapolisSupreme Court of the United States · 1881
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