Legal Opinion

Lower v. Miller

Supreme Court of Iowa

Decided June 6, 1885PublishedCited by 22 opinions

Appeals from Monroe District Court. These cases involve substantially the same questions, and they will be disposed of in one opinion.

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Appeals from Monroe District Court. These cases involve substantially the same questions, and they will be disposed of in one opinion. They are actions at law upon the official bond of Samuel F. Miller, late sheriff of Monroe county, to recover of him and his sureties certain sums of money which were paid to said Miller in his official capacity as sheriff by the Chicago, Burlington & Quincy Bailroad Company, in discharge of the compensation allowed to the plaintiffs in proceedings by which certain lands of the plaintiffs were appropriated for the right of way for a railroad. There was a trial…

1Opinion of the CourtKothrock, J.

There is no dispute as to the material facts involved in these actions. On the eleventh day of December, 1878, the commissioners appointed by the sheriff for that purpose duly assessed the damages sustained by the plaintiffs by reason of the appropriation of the right of -way for a rail*410road through their lands. The damages assessed to the plaintiff, John Gray, were $2,000; to Mary A. Elder and others, $1,212; and to T. S. Lower, $400. On the next day the railroad company paid the said several amounts of money to the sheriff, as required by section 1244 of the Code, and proceeded to construct…

2Cases cited3 opinions

  1. Prescott v. GonserSupreme Court of Iowa · 1872
  2. Baker v. Johnson CountySupreme Court of Iowa · 1871
  3. Lower v. C., B. & Q. R.Supreme Court of Iowa · 1882

3Cited by22 opinions

  1. Mickel v. WalravenSupreme Court of Iowa · 1894
  2. Gregg v. Middle States Utilities Co.Supreme Court of Iowa · 1940
  3. Bristow v. LangeSupreme Court of Iowa · 1936
  4. Bannister v. McIntireSupreme Court of Iowa · 1900
  5. Great Western Telegraph Co. ex rel. Bowen v. PurdySupreme Court of Iowa · 1891

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