Davis v. C. & N. W. R.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. I.On July 29, 1872, the plaintiff filed a petition in equity, alleging: 1. That the defendant, the C. & N. AY.
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Appeal from Pottawattamie District Court. I.On July 29, 1872, the plaintiff filed a petition in equity, alleging: 1. That the defendant, the C. & N. AY. E’y Co., was a corporation duly organized according to law; and the defendant, the city of Council Bluffs, is a municipal corporation duly organized; that he is the owner in fee of one hundred and sixteen lots in Fleming and Davis’ addition to the city of Council Bluffs, the particular description of which is set out. 2. That the defendant, the city of Council Bluffs, by an ordinance, March 23, 1872, granted to the C. & N. AY. E. Co. right of…
1Opinion of the CourtCole, J.
*3941. pleading: matter:muni.cipaieoipoia*393I. Our statute (Revision 1860, Sec. 2946), provides- that the conrt may, - on motion, cause irrelevant or *394redundant matter to be stricken from the pleading. The allegations in the paragraphs of the original petition, from 5 to 17 inclusive, bear no relation whatever to tjie wr0I1g alleged against the defendant. If the occupancy by the defendant, the C. & N. W. R’y Co., of Durant street is illegal, it is no more so because other streets may be occupied by other railroad companies, and if its occupancy is lawful, the occupancy by the others would not make it…
2Cases cited4 opinions
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- Slatten v. Des Moines Valley R. R.Supreme Court of Iowa · 1870
- Chicago, Newton & Southwestern Railroad v. Mayor of NewtonSupreme Court of Iowa · 1873
3Cited by4 opinions
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Heath v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1883
- Iowa Coal Washing Co. v. Consolidation Coal Co.Supreme Court of Iowa · 1926
- State v. Davenport & St. Paul R.Supreme Court of Iowa · 1877