Denver City Irrigation & Water Co. v. Middaugh
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. It appears from the undisputed statements of the pleadings that the defendant, being appellant here, in the years 1878 and 1879 constructed a canal extending from the Platte river to its water-works, and in February, 1S79,. it commenced proceedings in the county court of Arapahoe county to condemn a right of way through, across and over certain lands of the plaintiff for the construction of'certain canals, lakes and reservoirs,…
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Appeal from District Court of Arapahoe County. It appears from the undisputed statements of the pleadings that the defendant, being appellant here, in the years 1878 and 1879 constructed a canal extending from the Platte river to its water-works, and in February, 1S79,. it commenced proceedings in the county court of Arapahoe county to condemn a right of way through, across and over certain lands of the plaintiff for the construction of'certain canals, lakes and reservoirs, which lands were a part of the lands of the plaintiff described in the complaint, and for the alleged injury to which…
1Opinion of the CourtJustice Hayt
The county court was without jurisdiction in the condemnation proceedings, the amount of award being in excess of $2,000. Railroad Co. v. Church, 7 Colo. 143; Railway Co. v. Otis, 7 Colo. 198. A decision had not, however, been rendered in either of the cases cited at the time of the trial in the county court, and the parties to the condemnation proceedings treated the same as valid, the appellant paying and the appellee accepting the amount of the judgment awarded by that court. The appellant shortly thereafter entered into the possession of the lands condemned, and has since occupied the…
2Cases cited12 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- City of Denver v. BayerSupreme Court of Colorado · 1883
- Kile v. Town of YellowheadIllinois Supreme Court · 1875
- Chicago & Iowa Railroad v. HopkinsIllinois Supreme Court · 1878
- Sabin v. Vermont Central RailroadSupreme Court of Vermont · 1853
7 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Hoery v. United StatesSupreme Court of Colorado · 2003
- Arthur v. IsraelSupreme Court of Colorado · 1890
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
68 more not listed; retrieve them via the Exa API.