Northern Pacific Railroad v. Jackman

Supreme Court of Dakota

Northern Pacific Railroad v. Jackman

6 Dakota 236

Supreme Court Of The Territory Of Dakota·Decided May 15, 1889·Published

Opinion

By the Court :

The judgment is affirmed, the court being of opinion that the railroad company having proceeded to condemn the premises under the statute, and having paid into court for the owner the amount of the award of the commissioners, it cannot in this manner be heard to contest the validity of such award, and is not a proper party to this proceeding.

All concur excepting Rose, J.; not sitting.

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By the Court :

The judgment is affirmed, the court being of opinion that the railroad company having proceeded to condemn the premises under the statute, and having paid into court for the owner the amount of the award of the commissioners, it cannot in this manner be heard to contest the validity of such award, and is not a proper party to this proceeding.

All concur excepting Rose, J.; not sitting.

Northern Pacific Railroad v. Jackman, 6 Dakota 236 (dakotasup 1889).

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