284 N.W. 834 | Minn. | 1939
Lead Opinion
All other questions aside, we consider the challenge to the appeal on the ground of duplicity. The right of appeal is strictly statutory, and unless the statute authorizes a joint appeal from separate awards the appeal must be dismissed for duplicity. The condemnation proceedings may very properly include in one petition numerous tracts or parcels of land which the state, in the exercise of its right of eminent domain, desires to take or damage in one project; but when the proceeding has reached the point where the commissioners have made their awards the interests of the state and those of each landowner become separate and distinct as to each award, *566 and, unless the statute authorizes the owners of separate parcels to join in one appeal from the awards made them, they cannot do so. We think the same reasoning applies to the state when it is dissatisfied with the awards made to the owners of distinct and separate parcels of land. It must take a separate appeal as to each unless the statute specifically authorizes otherwise. We find no such provision in the statute. 2 Mason Minn. St. 1927, §§ 6549, 6557-1. Burda has no interest in the award or judgment made in favor of Korbel against the state, nor has Korbel any interest in the award or judgment made in favor of Burda. It is true that the two appeals were to be tried before the same jury, apparently by consent and for the convenience of the parties, but they were not otherwise consolidated and could not well be.
What we have said relative to the appeals to the district court applies with equal force to the appeals to this court. 3 C. J. p. 354, [§ 108]; 4 C.J.S., Appeal and Error, § 37; Ballou v. C. N.W. Ry. Co.
The cases cited by the state in support of its position are: State, by Hilton, v. Umberger,
So ordered.
Addendum
The state relies upon St. Paul Sioux City R. Co. v. Murphy,
We adhere to our former conclusion and the views expressed in our original opinion.
MR. CHIEF JUSTICE GALLAGHER, took no part in the consideration or decision of this case.
MR. JUSTICE HILTON, being incapacitated by illness, took no part. *568