White v. K. & D. M. R.
Supreme Court of Iowa
Appeal from Lee District Court. This is a suit in equity. The defendants answered the petition, to which answer the plaintiff demurred. The demurrer was sustained, and defendant refusing to answer further a judgment and decree was entered as prayed in the petition.
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Appeal from Lee District Court. This is a suit in equity. The defendants answered the petition, to which answer the plaintiff demurred. The demurrer was sustained, and defendant refusing to answer further a judgment and decree was entered as prayed in the petition. The facts averred in the pleadings, and upon which the court based its judgment and decree, are as follows: “On the 16th day of February, 1857, the Keokuk, Ft, Des Moines & Minnesota R. R. Oo., the name of which was subsequen tly changed to Des Moines Yalley Railroad Company, executed and delivered to Luther O. Clark and Samuel R.…
1Opinion of the CourtRothrock, J.
The pleadings abound in legal conclusions. It is averred in the petition that the receiver held and operated the road for the use and benefit of the bondholders, and, therefore, in the interest of the defendant, at the time the plaintiff received the injury for which he recovered a judgment against the receiver, and that the defendant is, therefore, liable to pay the judgment. It is also averred that Smyth, the receiver, was operating the road at the time the plaintiff received his injury by consent of the said purchasing committee. All the conclusions are explicitly denied by the answer, and…
2Cases cited3 opinions
- Cowdrey v. Galveston, Houston, & Henderson RailroadSupreme Court of the United States · 1877
- Ohio & Mississippi Railroad v. DavisIndiana Supreme Court · 1864
- B., C. R. & N. R. Co. v. VerrySupreme Court of Iowa · 1878
3Cited by5 opinions
- Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
- Brown v. GayTexas Supreme Court · 1890
- Brockert v. Iowa Central Railway Co.Supreme Court of Iowa · 1894
- Mendenhall v. Chicago, Great Western RailroadSupreme Court of Iowa · 1912
- Missouri Pac. Ry. Co. v. Texas Pac. Ry. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1886