Lough v. Minneapolis & St. Louis Railroad
Supreme Court of Iowa
■'Appeal from Emmet District Court. — Hon. W. B. Quakton, Judge. These two appeals are iu the same case, which was a coudemuatiou proceeding instituted on the part of defendant company to obtain a right of way over land belonging to plaintiff Lough, upon which Mitch "H, his co-plaintiff, held a mortgage. A jury trial was had, and a verdict returned awarding the sum of $850 as damages. From the judgment entered on this verdict, plaintiff’s appeal.
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■'Appeal from Emmet District Court. — Hon. W. B. Quakton, Judge. These two appeals are iu the same case, which was a coudemuatiou proceeding instituted on the part of defendant company to obtain a right of way over land belonging to plaintiff Lough, upon which Mitch "H, his co-plaintiff, held a mortgage. A jury trial was had, and a verdict returned awarding the sum of $850 as damages. From the judgment entered on this verdict, plaintiff’s appeal. The appeal of defendant is from an order of the court taxing an attorney’s fee in favor of the plaintiff’s.
1Opinion of the Court
Waterman, J. —
Section 2007 of the Code, which provides for the taxation of an attorney’s fee in favor of the landowner in proceedings of this kind, has been recently held by this court to be constitutional and valid, and the right of the landowner to recover attorney’s fees thereunder, after a very full consideration of the question, was affirmed. See Gano v. Railroad Co., 114 Iowa, 713. Fol- ■ lowing that case, the order of the trial court from which defendant appeals must be held correct.
1-II. We proceed now to a determination of plaintiff’s appeals. Lough owns the east J of section 33, and…
2Cases cited17 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Hollingsworth v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Winklemans v. Des Moines Northwestern R'y Co.Supreme Court of Iowa · 1883
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3Cited by19 opinions
- Welton v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
- Empire District Electric Co. v. JohnstonMissouri Court of Appeals · 1954
- Jones v. Iowa State Highway Commission Ex Rel. StateSupreme Court of Iowa · 1966
- Mississippi State Highway Commission v. TreasMississippi Supreme Court · 1945
- Hoeft v. State of IowaSupreme Court of Iowa · 1936
14 more not listed; retrieve them via the Exa API.