Wisconsin, Iowa & Nebraska R'y Co. v. Secor
Supreme Court of Iowa
Appeal from Marshall Oirouit Gouri. Action in chancery to enjoin and restrain defendants from interfering with the employes and contractors of plaintiff in constructing its railroad over lands owned by defendants, or some'of them, and to recover for damages sustained by it from such interference by defendants.
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Appeal from Marshall Oirouit Gouri. Action in chancery to enjoin and restrain defendants from interfering with the employes and contractors of plaintiff in constructing its railroad over lands owned by defendants, or some'of them, and to recover for damages sustained by it from such interference by defendants. Upon a trial on the merits, the temporary injunction allowed in the case was made perpetual, and judgment for one dollar damages and costs was entered against defendants, who now appeal to this court.
1Opinion of the CourtBeoe, J.
-I. The petition shows that plaintiff is entitled to occupy the right of way involved in this suit under a contract entered into by defendants, or those of them who own the land. The cause was tried upon depositions in the court belcw, and is triable here de novo.
Il The abstract, though unnecessarily and .inexcusably prolit, being in fact the full printed record, fails to show that *6481. practice triailtFeeuoVo: abstract. it contains all tbe evidence. The certificate of the clerk and judge affixed to the depositions are printed in the abstract, but it is nowhere stated that the abstract contains…
2Cited by3 opinions
- Drake v. KaiserSupreme Court of Iowa · 1887
- Walrod v. FlaniganSupreme Court of Iowa · 1888
- Knott v. BessmerSupreme Court of Iowa · 1891