Taylor v. Cedar Rapids & St. Paul Railroad
Supreme Court of Iowa
Appeal from Benton District Court. Plaintiff appealed to the District Court from the assessment of damages, made by freeholders, occasioned by the proposed location of defendant’s road over his lands.
Read the full summary
Appeal from Benton District Court. Plaintiff appealed to the District Court from the assessment of damages, made by freeholders, occasioned by the proposed location of defendant’s road over his lands. The answer denies that plaintiff has refused to grant the right of way, alleging that, before the institution of this proceeding, the said plaintiff, for a sufficient consideration, made and delivered a deed for said right of way, thereby conveying fully and absolutely to defendants the necessary strip, as allowed by law, through and over his lands, etc. Trial, judgment for defendants, and…
1Opinion of the CourtWright, J.
i. Pleading : exhibits: statute construed, I. Defendant, on the trial, offered a deed, signed and acknowledged by plaintiff and wife, and duly recorded, granting the right of way over the _ ■ , . . land named m the petition, to which plaintiff objected, for the reason that neither the original, nor a copy of the same, was annexed to or copied in the answer. The objection was overruled, and this ruling first demands attention.
Counsel for appellant refers to and relies upon section 29641, which provides, that, where such ■ cause of action, set-off, counter claim or cross demand, as should be…
2Cases cited3 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Farwell v. TylerSupreme Court of Iowa · 1858
- President of the Lincoln & Kennebeck Bank v. DrummondMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
- Hubbard v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Smith v. BarrieMichigan Supreme Court · 1885
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
2 more not listed; retrieve them via the Exa API.