Legal Opinion

Bannister v. McIntire

Supreme Court of Iowa

Decided December 22, 1900PublishedCited by 15 opinions

Appeal from Wapello District Gourt. — Hon. T. M. Fee,, Judge. This is an action to recover of a sheriff a sum of money-deposited with him by the Wabash Railroad Company as. damages due plaintiffs for a right of way of said railway,, which had been secured by condemnation proceedings across, a lot belonging to said plaintiffs. The amount deposited was. what had been awarded in the ad quod damnum proceedings.

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Appeal from Wapello District Gourt. — Hon. T. M. Fee,, Judge. This is an action to recover of a sheriff a sum of money-deposited with him by the Wabash Railroad Company as. damages due plaintiffs for a right of way of said railway,, which had been secured by condemnation proceedings across, a lot belonging to said plaintiffs. The amount deposited was. what had been awarded in the ad quod damnum proceedings. There ivas a directed verdict against John W. Mclntire, and. he appeals.

1Opinion of the CourtWaterman, J.

Dwight Bannister, one of the plain-, tiffs, and John W. Mclntire, who was sheriff of Wapellocounty, and who is the principal defendant, were alive when this action was instituted. They have since died, and their-representatives have been substituted. The action was orgi-nally brought against Mclntire as sheriff on his official bond, and the sureties thereon were made parties defendant. Thereafter it was dismissed by plaintiffs as against the sureties,. *602.■and proceeded to judgment only as against- Mclntire. The main facts are not in dispute. The plaintiffs were owners of a lot in the city of…

2Cases cited10 opinions

  1. Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
  2. McKinney v. HerrickSupreme Court of Iowa · 1885
  3. Lower v. MillerSupreme Court of Iowa · 1885
  4. Minneapolis & St. Louis Railway Co. v. CoxSupreme Court of Iowa · 1888
  5. Bonnot Co. v. Newman Bros.Supreme Court of Iowa · 1899

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3Cited by15 opinions

  1. Blossi v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
  2. Shores-Mueller Co. v. LonningSupreme Court of Iowa · 1913
  3. Crum v. McCollumSupreme Court of Iowa · 1930
  4. State Savings Bank v. DealSupreme Court of Iowa · 1925
  5. Masters v. HartSupreme Court of Virginia · 1949

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