Hagerla v. Mississippi River Power Co.
District Court, S.D. Iowa
In Equity. Bill by Albert Hagerla against the Mississippi River Power Company. Hearing on bill and answer.
1Opinion of the Court
SMITH McPHERSON, District Judge.
This case presents the question as to whether the above-named Power Company, in constructing a dam across the Mississippi river, has the power of eminent domain. The case was set down by Hagerla for hearing on bill and answer. The rule in such a case is:(1) All facts well pleaded in the bill and not denied must be taken as true. Allegations denied are taken as untrue.(2) Affirmative recitals pleaded in the answer and germane to the bill will be taken as true.(3) Mere conclusions, either of fact or law, whether in the bill or answer, will be disregarded.(4)…
2Cases cited53 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
- Kohl v. United StatesSupreme Court of the United States · 1876
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
48 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Iowa-Illinois Gas & Electric Co. v. City of Fort DodgeSupreme Court of Iowa · 1957
- Gralapp v. Mississippi Power CompanySupreme Court of Alabama · 1967
- State v. Dakota County, NebraskaSupreme Court of Iowa · 1958
- City of Baker v. Montana Petroleum Co.Montana Supreme Court · 1935
- Atlantic Coast Line Railroad v. Southern Railway Co.Supreme Court of Georgia · 1958