Huling v. Kaw Valley Railway & Improvement Co.

Citations

• 130 U.S. 559
• 9 S. Ct. 603
• 32 L. Ed. 1045
• 1889 U.S. LEXIS 1775

Syllabus

<p>In proceedings commenced under a state statute for condemnation of land for a railroad, a published notice in compliance with the terms of the statute, specifying the section, township and range,.county and State, in which it is proposed to locate the railroad, is sufficient notice to a nonresident owner of land therein, and such publication is “ due process' of law,” as applied to such a case.</p> <p>When, after notice to the owner as required by law, land has been condemned for a railroad by commissioners regularly appointed and duly sworn, who discharged their .duties in the manner required by law, the question whether one of the commissioners was or was not a freeholder, as directed by the statute, is not open for consideration collaterally in an action of trespass by the owner against the railroad company for enter: . ing on the land after condemnation.</p>