Foley v. City of Cedar Rapids
Supreme Court of Iowa
Areals from Linn District Court.— FIon. J. FI. Preston, Judge. Plaintiff brought action against defendant to recover damages by reason of a change of grade of a street in front of his premises.
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Areals from Linn District Court.— FIon. J. FI. Preston, Judge. Plaintiff brought action against defendant to recover damages by reason of a change of grade of a street in front of his premises. At the conclusion of the testimony, the trial court directed a verdict for defendant upon' the ground that plaintiff delayed bringing his action for more than three months after the cause thereof accrued and did not file a statement of his claim with the city recorder thirty days before the commencement of his suit as provided in sections 1050 and 1051 of the Code. Judgment was rendered accordingly,…
1Opinion of the Court
Deemer, J.—
J' 'tf pleahngi2 oi-derf” We shall first dispose of the last case, viz., the appeal from the order sustaining the motion to correct the record by showing the filing of the amendment to the petition as date May 5, 1905. The ruling made by the trial court upon this motion was as follows: “ January 30, 1906. Upon petition to correct record, it is found that, on May 5, 1905, defendant asked and has *66leave to amend answer by pleading tbe statute of limitations; that plaintiff on said day replied to said amendment; that the issue raised by said amendment and reply was made just as tbe…
2Cases cited7 opinions
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1884
- Long v. ValleauSupreme Court of Iowa · 1893
- Gregory v. BowlsbySupreme Court of Iowa · 1905
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Kenyon v. City of Cedar RapidsSupreme Court of Iowa · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- C & G, Inc. v. Canyon Highway District No. 4Idaho Supreme Court · 2003
- Gillam v. City of CentraliaWashington Supreme Court · 1942
- Ashman v. City of Des MoinesSupreme Court of Iowa · 1929
- Meardon v. Iowa CitySupreme Court of Iowa · 1910
- C & G, Inc. v. Canyon Highway District No. 4Idaho Supreme Court · 2003
2 more not listed; retrieve them via the Exa API.