Walters v. Houck
Supreme Court of Iowa
Appeal from the Clarice District Court. An application for a writ of ad quod damnum on continuing a mill dam across the middle fork of the Nodaway river, on the north-east quarter of the south-east quarter of section two, in township seventy-two north, range fifty-five west, in Adams county. The venue was changed from Adams to Clark county, where, at the October term, 1857, the court rendered judgment in favor of the petitioner, granting the license prayed for.
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Appeal from the Clarice District Court. An application for a writ of ad quod damnum on continuing a mill dam across the middle fork of the Nodaway river, on the north-east quarter of the south-east quarter of section two, in township seventy-two north, range fifty-five west, in Adams county. The venue was changed from Adams to Clark county, where, at the October term, 1857, the court rendered judgment in favor of the petitioner, granting the license prayed for. The exceptions taken, and all essential matters, appear in the opinion of the court.
1Opinion of the CourtWoodward, J.
Upon the return of the inquest, the appellant made objections thereto, all which were overruled by the court.
One exception taken was, that after the sheriff had discharged one jury, for the reason that they could not agree, he impannelled another, returning one or more jurors of the former jury. This practice would be very objectionable, but it is not made to appear, as a fact. Some of the testimony indicates that there were two inquests, but the sheriff’s return does not show the fact, nor does the record in any other part or manner. The respondent took a bill of exceptions to the decision…
2Cases cited1 opinion
- Morgan v. BantaCourt of Appeals of Kentucky · 1809
3Cited by4 opinions
- Fort Street Union Depot Co. v. BackusMichigan Supreme Court · 1892
- Aladdin, Inc. v. Black Hawk CountySupreme Court of Iowa · 1997
- Aladdin, Inc. v. Black Hawk CountySupreme Court of Iowa · 1997
- Miller v. Palo Alto Board of SupervisorsSupreme Court of Iowa · 1957