30 Minn. 451 | Minn. | 1883
In proceedings for the condemnation of certain lands belonging to the appellant for the use of the respondent railway .company,^ the commissioners filed their award of damages with.the clerk of the district court of Stearns county, July 27, 1882. On the 15th of. August following, the appellant served upon respondent’s agent, residing in that county, a notice of appeal to the district court from the award, but failed to file the same with the clerk of such court,-as required by respondent’s charter, and thereafter the appeal
The appellant not having complied with the terms of the statute providing for the appeal, it was rightly dismissed. It was not necessary to enter a special appearance for that purpose. It was enough that, before proceeding to trial or recognizing the jurisdiction of the court to so proceed, the respondent duly interposed its objection, and moved to dismiss solely on this ground. In Kasson v. Brocker, 47 Wis. 79, relied on by appellant, the objection was that a notice of appeal had not been properly served upon each of several administrators, and the respondent had appeared generally by procuring and arguing an order to show cause why the appeal should not be dismissed; the motion also embracing other grounds not jurisdictional. Curtis v. Jackson, 23 Minn. 268, is similar. Others cited are cases of irregular service upon parties, held cured by their appearance in court, so as to give the court jurisdiction of the person.
Order affirmed.