Trustees of the Diocese v. City of Anamosa
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. J. H. Preston, Judge. Action to recover for injuries sustained by reason of the change of grade of a street of the defendant city. A demurrer to the petition was sustained, and, plaintiff refusing to plead further, judgment was rendered for defendant. Plaintiff appeals.
1Opinion of the CourtBeck, J.
— I. The part of the petition assailed by demurrer is in the following language : “First count. Now comes the above named plaintiff, and for its amended petition in said case says that prior to the fifth day of February, 1877, it was, and has since continued to be and now is, a corporation, duly organized under the laws of the state of Iowa. That the above-named defendant, prior to the year 1871, was, and yet is, a municipal corporation, organized and existing under the laws of said state. That said plaintiff since said fifth day of February," 1877, has been, and now is, the absolute owner in…
2Cases cited2 opinions
- City of Burlington v. KellarSupreme Court of Iowa · 1864
- Noyes v. Town of Mason CitySupreme Court of Iowa · 1880
3Cited by11 opinions
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- Ebert v. ShortSupreme Court of Iowa · 1925
- State Ex Rel. City of Miles v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Blanden v. City of Fort DodgeSupreme Court of Iowa · 1897
- Reilly v. City of Fort DodgeSupreme Court of Iowa · 1902
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