Rio Grande Western Railway Co. v. Telluride Power Transmission Co.
Utah Supreme Court
Appeal from the Fourth District Court Utah County. — Hon. W. M. Dusenberry,’ Judge. Action under the statute to condemn a strip of ground for a right of way for plaintiff’s railway. From a judgment for plaintiff defendants appealed. In an action to condemn the plaintiff necessarily admits the defendant’s title.
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Appeal from the Fourth District Court Utah County. — Hon. W. M. Dusenberry,’ Judge. Action under the statute to condemn a strip of ground for a right of way for plaintiff’s railway. From a judgment for plaintiff defendants appealed. In an action to condemn the plaintiff necessarily admits the defendant’s title. Or, as frequently stated, it is incumbent upon a plaintiff seeking to condemn land to ascertain the owners and make them parties, and by selecting the parties against whom he proceeds the plaintiff admits their ownership. Railroad Co. v. Croman, 27 Pac. 256; Lewis on Eininent Domain,…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MiNeeMiNee, J.
1. The Telluride Power Transmission Company and L. L. Nunn, the appellants, filed a petition to remove the case to the Federal Court, alleging diversity of citizenship. This petition was denied by the district court, and after transfer to the Federal Court on a transcript of the proceedings, the case was remanded to the district court. The appellants now object to the jurisdiction of the state courts to hear or try the case, -and ask this court to review the order of the United States Court in remanding the case to the district court of the State. This we can not do.…
3Cases cited15 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Frisbie v. WhitneySupreme Court of the United States · 1870
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Quinby v. ConlanSupreme Court of the United States · 1882
- Hutchings v. LowSupreme Court of the United States · 1873
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4Cited by7 opinions
- Tracy Loan & Trust Co. v. Mutual Life Ins. Co. of New YorkUtah Supreme Court · 1932
- A. Booth & Co. v. WeigandUtah Supreme Court · 1906
- Dahl v. GardnerDistrict Court, D. Utah · 1984
- A. Booth & Co. v. WeigandUtah Supreme Court · 1904
- First Security Corp. of Ogden v. State Tax CommissionUtah Supreme Court · 1936
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