Northern Pacific Railroad v. Jackman ( 1889 )

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.