Legal Opinion

Iowa Central Railway Co. v. Iowa

Supreme Court of the United States

Decided January 6, 1896No. 128PublishedCited by 114 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF IOWA. In 1880, the Central Iowa Railway Company, which had become the owner, through foreclosure proceedings, of the railroad of the Central Railway Company of Iowa, leased to the Burlington, Cedar Rapids and Northern Company about eleven miles of said road, which lay between Manly Junction and Northwood, the northern terminus of the Central company’s road. The Burlington company took exclusive possession of the leased premises.

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ERROR TO THE SUPREME COURT OF THE STATE OF IOWA. In 1880, the Central Iowa Railway Company, which had become the owner, through foreclosure proceedings, of the railroad of the Central Railway Company of Iowa, leased to the Burlington, Cedar Rapids and Northern Company about eleven miles of said road, which lay between Manly Junction and Northwood, the northern terminus of the Central company’s road. The Burlington company took exclusive possession of the leased premises. In 1881 the citizens of Northwood made application to the state railroad commissioners for an order requiring the Central…

1Opinion of the CourtJustice White

The contention of the plaintiff in error is that the proceeding instituted against it in the Supreme Court of Iowa was. an action for mandamus, and that no such action could lawfully be'' brought to compel it to operate the leased portion of its road until its legal duty to do so had been previously determined by the verdict of a jury. There was no assertion that the court below had no jurisdiction over the subject-matter. Nowhere in the answer or in the amendments to the answer filed on behalf of the company was it claimed that the proceeding was violative of the Constitution of the United…

2Cases cited4 opinions

  1. Spies v. IllinoisSupreme Court of the United States · 1887
  2. Leeper v. TexasSupreme Court of the United States · 1891
  3. Brooks v. MissouriSupreme Court of the United States · 1888
  4. Ludeling v. ChaffeSupreme Court of the United States · 1892

3Cited by114 opinions

  1. Twining v. New JerseySupreme Court of the United States · 1908
  2. First National Bank in St. Louis v. MissouriSupreme Court of the United States · 1924
  3. Grubb v. Public Util. Comm'n of OhioSupreme Court of the United States · 1930
  4. Brown v. New JerseySupreme Court of the United States · 1899
  5. Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925

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