Supreme Court of Dakota, 1889

Northern Pacific Railroad v. Jackman

Northern Pacific Railroad v. Jackman
Supreme Court of Dakota · Decided May 15, 1889 · Rose
6 Dakota 236

Counsel

Hollembaelc ds Long, for appellant. •, George W. Newton, for respondent.

Northern Pacific Railroad v. Jackman

Opinion of the Court

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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