30 Minn. 477 | Minn. | 1883
This is an appeal from an order modifying an injunction, and suspending its operation in part. Such an order is in effect one dissolving an injunction pro tanto, and is appealable under G-en. St. 1878, c. 86, § 8, subd. 2.
The facts in this case, so far as here material, are briefly these: Final judgment was rendered, granting a perpetual injunction restraining defendant from entering upon certain lands of plaintiff, and from causing logs or other material to run upon or injure them, and from in any manner interfering with them. Subsequently defendant instituted proceedings under its charter, (Sp. Laws 1867, c. 134, § 13,) for the condemnation of an easement in a portion of the same lands. Under these proceedings a report was made and filed by the commissioners, awarding plaintiff $4,500 compensation for the lands so proposed to be taken. From this award plaintiff appealed, and a trial was had in the district court, and a verdict rendered; and thereafter, by stipulation of parties, a stay of proceedings was had, for the purpose of giving either party an opportunity to make a case and
Order affirmed.