Groth v. Milwaukee Northern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ozaukee county: MaetiN L. Lueoe, Circuit Judge. May 25, 1906, tbe defendant corporation duly commenced proceedings under cb; 87, Stats. (1898), to acquire title to real estate owned by plaintiff and others.
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Appeal from a judgment of tbe circuit court for Ozaukee county: MaetiN L. Lueoe, Circuit Judge. May 25, 1906, tbe defendant corporation duly commenced proceedings under cb; 87, Stats. (1898), to acquire title to real estate owned by plaintiff and others. Sucb occurrences duly took place thereafter that October 20, 1906, tbe report of the commissioners was filed, awarding plaintiff $1,300. The corporation thereupon deposited the amount of the award in court for plaintiff’s use and he promptly withdrew the same, the defendant not having yet taken possession of the land. After such withdrawal he…
1Opinion of the CourtMaesixalu, J.
The first question presented is this: If the amount of money awarded a landowner in condemnation proceedings under sec. 1850, Stats. (1898), be paid into court within the time limited for appealing, and the railroad company does not appeal, but the landowner does, yet withdraws the money before so doing and before the company takes possession, though such possession is subsequently taken, is such landowner precluded from pursuing the appeal remedy, if the railroad company sees fit to stand upon its rights in that regard ?
Under the express provisions of the section referred to, the railroad…
2Cited by1 opinion
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