Legal Opinion

Guinn v. Iowa & St. Louis R.

Supreme Court of Iowa

Decided October 21, 1904PublishedCited by 12 opinions

Appeal from Appanoose District Court.— Hon. M. A. Roberts, Judge. Such proceedings were had as that ou the 16th day of April, 1902, a sheriff’s jury assessed, the damages for appropriating a right of way by the Iowa & St, Louis Railroad Company across forty acres of Andrew Guinn’s farm at $300. An appeal to the district court was taken by the landowner, and upon trial the damages were increased to $1,584. The company appeals.

1Opinion of the CourtLadd, J.

*3031. Practice: voluntary anee; costs. *302Before trial the Quincy, Omaha & Kansas City Railway Company filed a petition of intervention, alleging that, since the condemnation proceedings were begun and the appeal taken, it had purchased the right of way and *303property interest's of the defendant and was the real party in interest, and prayed that judgment be entered against the land-owner for costs. It then moved for a continuance, and, this being denied, withdrew its petition, to which plaintiff objected. The court overruled the objection, but seems to have held that the withdrawal did not withdraw…

2Cases cited10 opinions

  1. Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
  2. Lough v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
  3. Woodward v. JacksonSupreme Court of Iowa · 1892
  4. Doud v. Mason City & Ft. Dodge Railway Co.Supreme Court of Iowa · 1888
  5. Pingery v. Cherokee & Dakota Railway Co.Supreme Court of Iowa · 1889

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Jones v. Iowa State Highway Commission Ex Rel. StateSupreme Court of Iowa · 1971
  2. Hammer v. County of IdaSupreme Court of Iowa · 1975
  3. Lee v. Independent School DistrictSupreme Court of Iowa · 1910
  4. Guinn v. Iowa & St. Louis Railway Co.Supreme Court of Iowa · 1906
  5. Herrstrom v. Newton & Northwestern RailroadSupreme Court of Iowa · 1905

7 more not listed; retrieve them via the Exa API.

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