Milwaukee & Northern Railroad v. Strange
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wiwnebago County, The case is thus stated by Mr. Justice Cassoday : “ The railroad company filed its petition under sec. 1852, R. S., to have the rights aud interests of the parties to the proceedings ascertained and determined, and that if,-upon such determination, it should appear that the petitioner had not acquired or perfected full title to the land in question, then that proceedings be had to condemn the same, etc.
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APPEAL from the Circuit Court for Wiwnebago County, The case is thus stated by Mr. Justice Cassoday : “ The railroad company filed its petition under sec. 1852, R. S., to have the rights aud interests of the parties to the proceedings ascertained and determined, and that if,-upon such determination, it should appear that the petitioner had not acquired or perfected full title to the land in question, then that proceedings be had to condemn the same, etc. The respondent, John, Strcmge, counterclaimed, and prayed condemnation and compensation. “ On the hearing, the court, by an order dated July…
1Opinion of the CourtCassodat, J.
The order of the circuit court refusing to set aside an order of the judge thereof condemning land for the use of a railroad company, is a final order affecting a substantial right in a special proceeding, and is therefore appealable. R. S. secs. 1852, 3069, subd. 2; Wis. Cent. R. Co. v. Cornell University, 52 Wis. 538, and 49 Wis. 162.
The purpose of the petition seems to have been to quiet the company’s title to the land in question, under sec. 1852, E. S., on -the assumption that it had already acquired a permanent right to the same. It may be questionable whether such petition could be…
2Cases cited12 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Messer v. OestreichWisconsin Supreme Court · 1881
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- Lamm v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Colorado Cent. R. v. AllenSupreme Court of Colorado · 1889
- Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
- Heath v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1914
17 more not listed; retrieve them via the Exa API.