City of Davenport v. D. & St. P. R.
Supreme Court of Iowa
Appeal from Scott District Court. Saturday, December 13. On the 1st day of August, 1873, the plaintiff filed a petition in equity in the district court of Scott county, asking for a writ of injunction to restrain the defendant from constructing its railroad on a certain street in the city. On the next day the petition was presented to the Hon. J. M. Beck, chief justice of this court, at his chambers, and he granted an order, ex parte, for the writ to issue as asked.
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Appeal from Scott District Court. Saturday, December 13. On the 1st day of August, 1873, the plaintiff filed a petition in equity in the district court of Scott county, asking for a writ of injunction to restrain the defendant from constructing its railroad on a certain street in the city. On the next day the petition was presented to the Hon. J. M. Beck, chief justice of this court, at his chambers, and he granted an order, ex parte, for the writ to issue as asked. It was issued and served. Afterward the defendant, having given notice, moved to dissolve the injunction, and after a hearing on…
1Opinion of the CourtCole, J.
It is well settled that prior to the taking effect of the Code of 1873, to wit: September 1,1873, no appeal from *625an order made by a judge of the supreme court, dissolving an injunction, was allowed. In re Curley, 34 Iowa, 184, and cases there cited. It is also a well-established rule of the courts to construe all statutes as having only a prospective operation, unless the legislature expressly declare, or otherwise show a clear intent that it shall have a retroactive effect. Bartruff v. Remey, 15 Iowa, 257; The State v. Squires, 26 id. 340, i. e. 347. The Code of 1873 was enacted in April,…
2Cases cited6 opinions
- Charless v. LambersonSupreme Court of Iowa · 1855
- Bartruff v. RemeySupreme Court of Iowa · 1863
- Bennett v. FisherSupreme Court of Iowa · 1868
- In re CurleySupreme Court of Iowa · 1872
- Simberskey v. SmithSupreme Court of Iowa · 1869
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3Cited by18 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- Rolater v. StrainSupreme Court of Oklahoma · 1911
- Richardson v. FitzgeraldSupreme Court of Iowa · 1906
- In Re Opinions of the JusticesSupreme Court of Alabama · 1933
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