Webster v. Cedar Rapids & St. Paul Railroad
Supreme Court of Iowa
Appeal from Benton District Court. The petition shows that the railroad company instituted proceedings to obtain the right of way over plaintiff’s lands, tliat the sheriff’s jury awarded damages in tlie sum of $300, the award being made Nov. 20, 1861. The company appealed from this finding to the District Court, the defendant Traer being the surety in the appeal bond.
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Appeal from Benton District Court. The petition shows that the railroad company instituted proceedings to obtain the right of way over plaintiff’s lands, tliat the sheriff’s jury awarded damages in tlie sum of $300, the award being made Nov. 20, 1861. The company appealed from this finding to the District Court, the defendant Traer being the surety in the appeal bond. This bond, after setting forth the necessary facts, is conditioned that appellant shall pay whatever amount is legally adjudged against it in the further progress of this ease. The appeal was dismissed on the motion of the…
1Opinion of the CourtWright, J.
i Appeal • as to who appeals. I. Who appeals ? The point is made by appellee’s cohnsel and we answer it by saying Traer a]0IJa
The supersedeas bond, bearing the same date as the notice of the appeal, recites expressly that Traer alone has appealed.
*317The notice is headed, Webster v. Traer, making no mention of any other party. It is true the body of the notice is in the plural (defendants), but this final letter can hardly be construed as controlling the balance of the record. It is indeed the only thing seeming to indicate that the company intended to appeal.
The railroad company is not therefore…
2Cases cited2 opinions
- Pigman v. DenneySupreme Court of Iowa · 1861
- Crossen v. WhiteSupreme Court of Iowa · 1865
3Cited by5 opinions
- Wile v. WrightSupreme Court of Iowa · 1871
- Belknap v. BelknapSupreme Court of Iowa · 1912
- De Tar v. Boone CountySupreme Court of Iowa · 1872
- Hansen v. McCoy & McCoySupreme Court of Iowa · 1936
- Dewell v. SuddickSupreme Court of Iowa · 1930