Legal Opinion

Wormely v. Mason City & Fort Dodge Railway Co.

Supreme Court of Iowa

Decided May 26, 1903PublishedCited by 15 opinions

'Appeal from Wright District Court, — Hon. W. S. Keuyon, Judge. Appeal from an order taxing an attorney’s fee for plaintiff’s attorney in a. condemnation proceeding, and form an order apportioning said fee.

1Opinion of the Court

DeemeR, J

The defendant company condemned a right of way across plaintiff’s land. The sheriff’s jury having awarded damages in the sum of $1,450, the company appealed, and upon a trial in the district court the amount of the award was reduced to $800. After the return of the verdict, the plaintiff filed a motion to tax an attorney’s fee for his attorney, and to make an equitable apportionment of the costs on appeal. This motion was sustained, and as a part of the costs an attorney’s fee of $100 for plaintiff’s attorney was taxed, and each party was required to pay one-half the costs of the…

2Cases cited4 opinions

  1. Mellichar v. City of Iowa CitySupreme Court of Iowa · 1902
  2. Noble v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1883
  3. Jones v. Mahaska County Coal Co.Supreme Court of Iowa · 1877
  4. Wisecarver v. LongSupreme Court of Iowa · 1903

3Cited by15 opinions

  1. State v. HawkOregon Supreme Court · 1922
  2. Reter v. Davenport, Rock Island & North Western Railway Co.Supreme Court of Iowa · 1952
  3. Harris v. ShortSupreme Court of Iowa · 1962
  4. Tomten v. ThomasMontana Supreme Court · 1951
  5. Hall v. Wabash RailroadSupreme Court of Iowa · 1907

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