Filer & Stowell Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Lawreitce W. Halsey, Circuit Judge. The Chicago, Milwaukee & St. Paul Railway Company, without contracting with the owner, or exercising the right of eminent domain, appropriated for its railway purposes certain valuable property belonging to the plaintiff.
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Appeal from an order of tbe circuit court for Milwaukee county: Lawreitce W. Halsey, Circuit Judge. The Chicago, Milwaukee & St. Paul Railway Company, without contracting with the owner, or exercising the right of eminent domain, appropriated for its railway purposes certain valuable property belonging to the plaintiff. After the lapse of considerable time, plaintiff commenced proceedings under sec. 1852, Stats., for a determination of the amount which the railway company should pay for the property so taken. In due course, the precise property which should form the subject of the appraisal…
1Opinion of the CourtMarshall, J.
Whether the decision complained of was grounded on want of power to relieve appellant from the failure to appeal within the time limited by sec. 1849, Stats., or in the exercise of judicial discretion because of failure of appellant to show clearly that injustice had been done by the award, doqs not clearly appear from the record. The concluding words of the order rather indicate that the second ground was deemed to be sufficient since the case made on behalf of appellant by the petition and supporting affidavits, was met by the judgment of the sworn commissioners and an affidavit to the…
2Cases cited12 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Burns v. PhinneySupreme Court of Minnesota · 1893
- Cornish v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Herrick v. Racine Warehouse & Dock Co.Wisconsin Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Dempsey v. National Surety Co.Wisconsin Supreme Court · 1921
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