Keokuk & Northwestern Railway Co. v. Donnell
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. J. M. Casey, Judge. Action in chancery to restrain defendants from prosecuting an ad quod damnum proceeding to recover the value of certain land occupied in the construction of plaintiff’s railroad. Defendants answered the petition, setting up matters in defense, and asking that the plaintiff’s petition be dismissed.
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Appeal from Lee District Court. — Hon. J. M. Casey, Judge. Action in chancery to restrain defendants from prosecuting an ad quod damnum proceeding to recover the value of certain land occupied in the construction of plaintiff’s railroad. Defendants answered the petition, setting up matters in defense, and asking that the plaintiff’s petition be dismissed. After a trial upon the merits a decree was entered, in effect declaring that plaintiff had no right, title, interest, easement or right of way upon the land involved in the action, and that ’defendant Donnell is the absolute owner thereof in…
1Opinion of the CourtBeck, J.
1 Injunction • ' of ad quod ‘ damnum pro- . ceeding: 8,Q6C[li3>tO remedy at I. The defendant W. A. Donnell instituted ad quod damnum proceedings to recover damages ^le 0CCUPad°n of the right of Way by plaintiff’s railroad of certain lands owned by f- . . him. A jury was empaneled by the sheriff * _ _ , _ . to assess defendant s damages m the manner prescribed by the statute. Thereupon plaintiff brought this action to enjoin and restrain the ad quod damnum proceedings, on the ground that they are wrongful and unauthorized by law, and, if judgment be had thereon, it- would be a cloud upon…
2Cases cited1 opinion
- C. I. R. v. M. & A. R.Supreme Court of Iowa · 1881
3Cited by13 opinions
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Corey v. ShermanSupreme Court of Iowa · 1895
- Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
- Hartley v. Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1892
- Bunker Hill & Sullivan Mining & Concentrating Co. v. Shoshone Min. Co.Court of Appeals for the Ninth Circuit · 1901
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