Legal Opinion

City of Des Moines v. Layman

Supreme Court of Iowa

Decided June 29, 1866PublishedCited by 6 opinions

Appeal from Polh District Court This was a proceeding in the County Court to appropriate a portion of certain real estate belonging to defendant, to the use of the public, for a street, as contemplated and allowed under section 1065 of the Revision. The jury assessed the damages at $675. Defendant transferred the proceedings, for review, to the District Court.

1Opinion of the CourtWright, J.

It is first insisted that the County Court should have dismissed the .proceeding on application, for want of jurisdiction. Under this head, according to the motion, filed in the County Court, it was there claimed that the published notice to the owner was void for want of revenue stamps; that it was not published the length of time required, and generally, that there was no sufficiént notice.

*1551 pbacappeal Whether there was in fact a stamp affixed, whether, if not, one is required, whether defendant did not waive this and other objections to the service by his appearance, we do not propose to…

2Cases cited3 opinions

  1. Bryan v. StateSupreme Court of Iowa · 1856
  2. Baurose v. StateSupreme Court of Iowa · 1855
  3. Runner v. City of KeokukSupreme Court of Iowa · 1861

3Cited by6 opinions

  1. Anderson v. CaldwellIndiana Supreme Court · 1883
  2. Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
  3. City of Keokuk v. Keokuk Northern Line Packet Co.Supreme Court of Iowa · 1876
  4. C. R. & St. P. R. v. SpaffordSupreme Court of Iowa · 1875
  5. King Iron Bridge & Manuf'g Co. v. County of OtoeUnited States Circuit Court · 1886

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