Forney & Thayer v. Ralls & Willits
Supreme Court of Iowa
Appeal from General Term, Eleventh District {Marshall County). In the month of August, 1868, J. Issachar Schofield commenced proceedings against the defendants to obtain a writ of ad, quod damnum, for the purpose of condemning the real property to be affected by a proposed increase in the height of his mill-dam at his flouring mill in Marshall county. The writ issued and a jury was called, the defendants notified and the damages duly assessed.
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Appeal from General Term, Eleventh District {Marshall County). In the month of August, 1868, J. Issachar Schofield commenced proceedings against the defendants to obtain a writ of ad, quod damnum, for the purpose of condemning the real property to be affected by a proposed increase in the height of his mill-dam at his flouring mill in Marshall county. The writ issued and a jury was called, the defendants notified and the damages duly assessed. The return, however, was in some manner informal and no sci/re facias was issued thereon. On the 17th of February, 1869, the plaintiffs, having…
1Opinion of the CourtMiller, J.
i. ad quod oeedSqs?b0’ practice. The appellants assign as error the overruling of their motion to consolidate the proceedings in this case with those commenced by their grantor. They insist that their petition was a supplemental pleading stating facts arising after the suit was commenced, and as such it properly belonged to the proceeding first instituted.
This is a special proceeding to condemn land under the right of emment domcdn.
Our statute provides: “ The rules of proceedings prescribed for civil actions by ordinary proceedings in the district court shall be followed in all proceedings of…
2Cases cited3 opinions
- Shepherd v. BrentonSupreme Court of Iowa · 1863
- Allen v. NewberrySupreme Court of Iowa · 1859
- Newell v. SanfordSupreme Court of Iowa · 1860
3Cited by2 opinions
- Burnham v. ThompsonSupreme Court of Iowa · 1872
- Gahwiller v. GahwillerSupreme Court of Iowa · 1946