Trustees of Iowa College v. City of Davenport
Supreme Court of Iowa
Appeal from the Scott District Court. Bill for an injunction to restrain tlie city of Davenport, •from opening a street, through the lands of petitioners, 'until an appeal taken by them, from the action of a jury summoned to assess their damages, by reason of the appropriation of the land, shall be tried and determined.
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Appeal from the Scott District Court. Bill for an injunction to restrain tlie city of Davenport, •from opening a street, through the lands of petitioners, 'until an appeal taken by them, from the action of a jury summoned to assess their damages, by reason of the appropriation of the land, shall be tried and determined. The injunction was granted in vacation, by Judge 'Woodward, of the supreme court, and dissolved by the district court, at its next session thereafter, on motion of the respondent. From the order dissolving the injunction, the complainants ' appeal. The facts necessary to an…
1Opinion of the Court
Woodward, J.*
This is an appeal from the decision of the district court, upon dissolving an injunction allowed by a judge in vacation.
*217The first question arises on a motion by the defendant to dismiss the appeal, for the cause that no appeal is by law allowed, in such a case. Whether an appeal lies from an order of the district court dissolving an injunction previously granted, is the question here presented. It is possible that cases may be found, holding in general terms, that no appeal can be had from an order allowing, refusing, or dissolving an injunction; but others hold, and it is…
2Cases cited4 opinions
- Trustees of the Freeholders & Commonalty of Huntington v. NicollNew York Supreme Court · 1808
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
- Chapman v. HammersleyCourt for the Trial of Impeachments and Correction of Errors · 1829
- M'Vickar v. WolcottCourt for the Trial of Impeachments and Correction of Errors · 1808
3Cited by5 opinions
- Mengle Box Co. v. Lauderdale CountyTennessee Supreme Court · 1921
- State v. ZeibartSupreme Court of Iowa · 1874
- City of Kansas v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1877
- Eidemiller v. Wyandotte CityU.S. Circuit Court for the District of Kansas · 1873
- State v. RaphSupreme Court of Iowa · 1918