Frankel v. Chicago, Burlington & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Mahaslca Gireuit Oourt. AotioN in chancery to enforce against the Central Iowa Railway Company certain judgments for costs recovered by plaintiff in the circuit court of Mahaska county, upon appeals by the Chicago, Burlington & Pacific Railway Company, in proceedings under the statute, instituted for the condemnation of land owned by plaintiff, over which the railroad now owned by the Central Iowa Railway Company, was constructed.
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Appeal from Mahaslca Gireuit Oourt. AotioN in chancery to enforce against the Central Iowa Railway Company certain judgments for costs recovered by plaintiff in the circuit court of Mahaska county, upon appeals by the Chicago, Burlington & Pacific Railway Company, in proceedings under the statute, instituted for the condemnation of land owned by plaintiff, over which the railroad now owned by the Central Iowa Railway Company, was constructed. There was a decree granting the relief prayed for by plaintiff. The Central Iowa Railway Company appeals.
1Opinion of the CourtBeoK, J.
I. The undisputed facts in the case necessary to be considered in order to determine the case are these: 1. kailroads: condemnation oi right oí way: sale of road pend-purchaser for costs. The Chicago, Burlington & Pacific Railway „ . . Company, m the construction of its railroad, r ./ J ’ instituted two proceedings for the condemnation bind owne<I by plaintiff, over which its road was about to be constructed. After the damages were assessed, the railroad company deposited the money in the hands of the sheriff, and appealed the cases to the circuit court. 'While these appeals were pending, the…
2Cited by6 opinions
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Danielson v. RedenbaughSupreme Court of Iowa · 1943
- Big Goose & Beaver Ditch Co. v. MorrowWyoming Supreme Court · 1899
- Barkley v. PoolNebraska Supreme Court · 1920
- Estate of Brandes v. BuchholzSupreme Court of Iowa · 1909
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