Robertson v. Eldora Railroad & Coal Co.
Supreme Court of Iowa
Appeal from Harden Dist/riet Court. This is a proceeding instituted by defendant under Kev. §§ 1317-1320 to assess tbe damages of plaintiff on account of tbe location of tbe road of defendant upon bis land. From tbe assessment made by tbe jury, plaintiff appealed to tbe District Court. Defendant moved to strike the case from the docket, and that the assessment of the jury be affirmed, which was not done, and thereupon defendant appealed to this court.
1Opinion of the CourtBeck, J.
1. appeal: SgEt way The errors assigned relate to the ruling of the court upon defendant’s motion to strike the cause from the docket and affirm the assessment of the jury. The grounds of this motion will be stated and considered separately.
I. It is urged that the appeal was not taken within the time and the manner prescribed by law. The statute (Rev. § 1317) provides that an appeal from the assessment of damages by the jury may be taken to the District Court within thirty days after such assessment is made. The manner of taking such an appeal is not prescribed. In the absence of statutory…
2Cited by8 opinions
- McLaughlin Brothers v. HallowellSupreme Court of the United States · 1913
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Frost v. Board of ReviewSupreme Court of Iowa · 1901
- Mentzer v. DavisSupreme Court of Iowa · 1899
- Spurrier v. WirtnerSupreme Court of Iowa · 1878
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