Stolze v. Milwaukee & Lake Winnebago Railroad
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KiewaNj Circuit Judge. Action to restrain a railway company from appropriating tlie plaintiff’s lands, by -right of eminent domain, till compensation therefor should be paid as required by law.
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Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KiewaNj Circuit Judge. Action to restrain a railway company from appropriating tlie plaintiff’s lands, by -right of eminent domain, till compensation therefor should be paid as required by law. The facts are as follows: The Manitowoc Terminal Company ■duly instituted proceedings to acquire, for railway purposes, certain lands owned by plaintiffs, in which such action was duly taken that April 3, 1895, an award was made t@ plaintiffs of $1,766 as a just compensation for their property, the award being duly filed on said…
1Opinion of the CourtMaeshall, J.
This appeal turns, in the main, on the effect of the two deposits of money for the benefit of appellants in the office of the clerk of the circuit court where the report of the commissioners in the condemnation proceeding was recorded. It is conceded that the two deposits, when made, were sufficient to satisfy plaintiffs’ legal and equitable rights as they stood on the day the last deposit was made, September 30, 1899, except as to costs incurred in th'e enforcement of the judgment in the condemnation action and in this action, if the first deposit was then available to them. Counsel for…
2Cases cited14 opinions
- City of San Francisco v. CollinsCalifornia Supreme Court · 1893
- Ayer v. AshmeadSupreme Court of Connecticut · 1863
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Epling v. DicksonIllinois Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Masser v. the London Operating Co.Supreme Court of Florida · 1932
- Westwego Canal & Terminal Co. v. Louisiana Highway CommissionSupreme Court of Louisiana · 1942
- Appleton Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1913
- County of Los Angeles v. OrtizCalifornia Supreme Court · 1971
- City of Ottumwa v. TaylorSupreme Court of Iowa · 1960
15 more not listed; retrieve them via the Exa API.