Mississippi & Missouri Railroad v. Rosseau
Supreme Court of Iowa
Appeal from the Washington District Court. In April, 1857, the sheriff of Washington county, was requested by the M. & M. E. E. Co., to appoint six freeholders of said county, not interested in a like question, to assess the damages done to lands therein, by the location of said road over the same, in accordance with sections 4 and 5 of chapter 31 of the Laws of 1853. These commissioners were selected, and required to meet on the 4thof May, “to assess the damages done to…
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Appeal from the Washington District Court. In April, 1857, the sheriff of Washington county, was requested by the M. & M. E. E. Co., to appoint six freeholders of said county, not interested in a like question, to assess the damages done to lands therein, by the location of said road over the same, in accordance with sections 4 and 5 of chapter 31 of the Laws of 1853. These commissioners were selected, and required to meet on the 4thof May, “to assess the damages done to each and every piece or tract of land in the county of Washington, in all cases not agreed upon with the owners of the…
1Opinion of the Court
Wright, C. J.*
The plaintiffs appeal, and assign for error:
First. The overruling of their motion to strike from the files the exceptions filed with the sheriff, to the report of the commisssoners.
Second. The refusal to continue the cause on their motion, for want of notice of the appeal.
Third. The order setting aside the award, and dismissing the cause.
*376The first and third assignment must be sustained, and we need not, therefore, consider the second.
Chapter 31 of the Laws of 1853, provides, that if the owner of any real estate, on which a railroad corporation may desire to locate their road,…
2Cases cited1 opinion
- White v. ConoverIndiana Supreme Court · 1840
3Cited by5 opinions
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- Ney v. SwinneyIndiana Supreme Court · 1871
- Terre Haute & Indianapolis Railroad v. ScottIndiana Supreme Court · 1881
- Runner v. City of KeokukSupreme Court of Iowa · 1861
- Carlile v. Des Moines & Kansas City Railway Co.Supreme Court of Iowa · 1896