Simons v. Mason City & Fort Dodge Railroad
Supreme Court of Iowa
Appeal from Carroll District Court.— Hon. Z. A. Church, and S. M. Elwood, Judges. This is a’ condemnation proceeding whereby defendant sought to acquire some of plaintiff Simons’ land for a part of its roadbed and right of way.
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Appeal from Carroll District Court.— Hon. Z. A. Church, and S. M. Elwood, Judges. This is a’ condemnation proceeding whereby defendant sought to acquire some of plaintiff Simons’ land for a part of its roadbed and right of way. The defendant served notice on Lewis Simons and wife and on Sebastian Werthman, notifying them that on March 15, 1902, a jury would be selected by the sheriff of Carroll county to inspect the real estate, and assess tire damages which they would suffer by reason of the construction of the railway. Accordingly a sheriff’s jury or commissioners were appointed, and, after…
1Opinion of the CourtDeemer, J.
I. Several preliminary questions are involved on these appeals, which we shall dispose of before going to the mreits.
Eminent domain The original notice of condemnation was directed to Simons and wife and Werthman, naming Simons as owner and Werthman as tenant. The sheriff’s jury reported that *142these parties, as owner and tenant, respectively, had been notified of'.the proceedings and that it had assessed for the owner, by reason of the appropriation of the 33.67 acres of land, the sum of $2,525. Simons and wife, and Werthman served separate notices of appeal from this finding, and neither made…
2Cases cited36 opinions
- Waldron v. WaldronSupreme Court of the United States · 1895
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
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3Cited by31 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- United States v. BuescherCourt of Appeals for the Eighth Circuit · 1942
- Welton v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
- Wilson v. FlemingSupreme Court of Iowa · 1948
- Jones v. Iowa State Highway Commission Ex Rel. StateSupreme Court of Iowa · 1966
26 more not listed; retrieve them via the Exa API.