City of Council Bluffs v. Stewart
Supreme Court of Iowa
Appeal from Pottawattamie District Gowrt. On the 8th day of January, 1879, the plaintiff filed a petition in substance alleging that about the month of October, 1878, the plaintiff, by virtue of authority vested in it by law, determined to open up a certain' street or avenue, from the intersection of Chestnut and Broadway streets to the Union Pacific depot, in said city, and ordered the condemnation of private property for the establishment and opening of said street; that…
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Appeal from Pottawattamie District Gowrt. On the 8th day of January, 1879, the plaintiff filed a petition in substance alleging that about the month of October, 1878, the plaintiff, by virtue of authority vested in it by law, determined to open up a certain' street or avenue, from the intersection of Chestnut and Broadway streets to the Union Pacific depot, in said city, and ordered the condemnation of private property for the establishment and opening of said street; that the defendant was the owner of eertain real estate in the city of Council Bluffs, over and across which the said avenue…
1Opinion of the CourtDay, J.
— The plaintiff appeals, not from the final orders made after a hearing upon evidence and a decree upon the merits, but from an order vacating a temporary injunction before granted in favor of plaintiff, and an order allowing a temporary injunction in favor of defendant upon his cross-petition. The case presents two distinct questions, which must be separately considered.
*391i equitable Írespass:°iiijunction. *390I. The grounds for the injunction claimed by the plain*391tiff, as alleged in the petition, are that by the condemnation Proceedings, and the payment of the award to the sheriff, the plaintiff…
2Cases cited5 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- French v. City of BurlingtonSupreme Court of Iowa · 1876
- Dively v. City of Cedar FallsSupreme Court of Iowa · 1869
- Scott v. City of DavenportSupreme Court of Iowa · 1872
- Cowles v. ShawSupreme Court of Iowa · 1856
3Cited by36 opinions
- Doon Township v. CumminsSupreme Court of the United States · 1892
- People ex rel. Seeley v. MaySupreme Court of Colorado · 1885
- State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
- City of Laporte v. Gamewell Fire Alarm Telegraph Co.Indiana Supreme Court · 1896
- Allen v. City of DavenportSupreme Court of Iowa · 1898
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