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NORTHERN STATES POWER COMPANY v. SCHULZE

No. 43197.

204 N.W.2d 212 (1973)

NORTHERN STATES POWER COMPANY, (by the Board of Directors thereof), petitioner, Respondent, v. Frieda SCHULZE, etc. et al., Respondents-below, Alexander Chvestuik and Evelyn M. Chvestuik, husband and wife, Appellants.

Supreme Court of Minnesota.

April 6, 1973.

Attorney(s) appearing for the Case

Lais & Bannigan and John F. Bannigan, Jr., St. Paul, for appellants.

Comaford, Fassett, Clarkson & Lewis and David W. Lewis, Minneapolis, for respondent.

Considered en banc without oral argument.

PER CURIAM.

The only issue here presented is whether a notice of appeal to the district court from a commissioners' award in a condemnation proceeding conferred jurisdiction where the owner was named in the notice but only her husband actually signed the notice. The trial court held the notice to be fatally defective, and we reverse.

The land in question was condemned by the petitioner, Northern States Power Company, for an easement and right-of-way. Dissatisfied...

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