Legal Opinion

Western Union Railroad v. Dickson

Wisconsin Supreme Court

Decided June 15, 1872PublishedCited by 16 opinions

APPEAL from tbe Circuit Court for Racine County. Tbe respondent petitioned tbe county judge of Eacine county to appoint three commissioners to appraise tbe damages wbicb be claims to bave sustained by reason of tbe occupancy of certain lots in tbe city of Eacine, by tbe appellant, tbe railroad company, and of wbicb lots be claims to be tbe owner.

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APPEAL from tbe Circuit Court for Racine County. Tbe respondent petitioned tbe county judge of Eacine county to appoint three commissioners to appraise tbe damages wbicb be claims to bave sustained by reason of tbe occupancy of certain lots in tbe city of Eacine, by tbe appellant, tbe railroad company, and of wbicb lots be claims to be tbe owner. Tbe petition purports to be made pursuant to the statutes oí 1861, cb. 175, and to cb. 16, Pr. and Local Laws of 1854, sec. 1. After due notice of the application bad been given, the parties appeared before the county judge, and the appellant…

1Opinion of the CourtLyoN, J.

It is stated in one of the briefs, and, doubtless, correctly stated, that the circuit court dismissed the appeal, because, in the opinion of that court, the order appointing commissioners, made by the county judge, is not appealable. If that opinion is correct, the order of the circuit court must, of course, be affirmed, and this without regard to the question as to whether the order of the county judge was lawfully made, or otherwise.

No provision is made in the charter of the Racine, Janes-ville and Mississippi Railroad Company — Pr. and Local Laws of *3911854, ch. 16 — (of which company the…

2Cited by16 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Baker v. StateWisconsin Supreme Court · 1883
  3. State Ex Rel. Wisconsin State Department of Agriculture v. AaronsWisconsin Supreme Court · 1946
  4. Great Western Natural Gas & Oil Co. v. HawkinsIndiana Court of Appeals · 1903
  5. Milwaukee County v. LOUISE M.Wisconsin Supreme Court · 1996

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