Chicago, Rock Island & Pacific Railway Co. v. Ellithorpe
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action to enjoin the defendant from opening, breaking or interfering with certain fences. The plaintiff is a corporation, organized and existing under the laws of this state.. In 1883, this company owned and operated a railway through section 19, township 77, range 41, Pottawattamie county.
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Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action to enjoin the defendant from opening, breaking or interfering with certain fences. The plaintiff is a corporation, organized and existing under the laws of this state.. In 1883, this company owned and operated a railway through section 19, township 77, range 41, Pottawattamie county. In that year proceedings were had for laying out and establishing a 'highway across appellant’s track and right of way in said section. Notice was published, as required, of this proceeding, but no notice thereof was served on the…
1Opinion of the CourtGiven, C. J.
I. We first inquire as to who are entitled to notice of proceedings for the establishment of highways. Code, section 936, provides : “ Within twenty days after the day fixed by the auditor, as above provided, a notice shall be served on each owner or occupier of land lying in the proposed highway, or abutting thereon, as shown by the transfer books in the auditor’s office, who resides in the county, in the manner provided for the service of original notice in actions of law.” In Alcott v. Acheson, 49 Iowa, 569, it is held that said section 936 “requires notice to be personally served upon the…
2Cases cited6 opinions
- Dungan v. Von PuhlSupreme Court of Iowa · 1859
- McBurney v. GravesSupreme Court of Iowa · 1885
- Alcott v. AchesonSupreme Court of Iowa · 1878
- State v. WeimerSupreme Court of Iowa · 1884
- State v. AndersonSupreme Court of Iowa · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Moffitt v. BrainardSupreme Court of Iowa · 1894
- Heery v. RobertsSupreme Court of Iowa · 1919
- State v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1893
- McKinley v. Lucas CountySupreme Court of Iowa · 1932
3 more not listed; retrieve them via the Exa API.