Huling v. Kaw Valley Ry. & Improvement Co.
Annotate this Case
130 U.S. 559 (1889)
U.S. Supreme Court
Huling v. Kaw Valley Ry. & Improvement Co., 130 U.S. 559 (1889)
Huling v. Kaw Valley Railway and Improvement Company
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
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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