Huling v. Kaw Valley Ry. & Improvement Co.
130 U.S. 559 (1889)

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U.S. Supreme Court

Huling v. Kaw Valley Ry. & Improvement Co., 130 U.S. 559 (1889)

Huling v. Kaw Valley Railway and Improvement Company

No. 230

Argued and submitted April 1, 2, 1889

Decided April 22, 1889

130 U.S. 559

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF KANSAS

Syllabus

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.

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 entering on the land after condemnation.

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