Supreme Court of Colorado September 15, 1889 (Colorado Cent. R. v. Allen)

lead-opinion

Mr. Justice Elliott

delivered the opinion of the court.

In September, 1877, appellant filed in the county court its petition to condemn for railway purposes certain lands belonging to the defendant, Cora Allen, who was then a non-resident of the state. The petition contained no averment of the value of the lands sought to be taken, nor of the amount involved in the proceeding.