Noyes v. Town of Mason City
Supreme Court of Iowa
Appeal from Gerro Gordo Giretdt Gov/rt. The petition states that the plaintiff is the owner of a certain parcel of real estate fronting on Commercial street in said town; that in 1870 the defendant established a grade on Commercial street and caused a survey to be made and stakes set indicating such grade, and erected sidéwalks along said street past plaintiff’s premises in accordance with such grade, . and passed an ordinance establishing the same, but it never was…
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Appeal from Gerro Gordo Giretdt Gov/rt. The petition states that the plaintiff is the owner of a certain parcel of real estate fronting on Commercial street in said town; that in 1870 the defendant established a grade on Commercial street and caused a survey to be made and stakes set indicating such grade, and erected sidéwalks along said street past plaintiff’s premises in accordance with such grade, . and passed an ordinance establishing the same, but it never was recorded, ánd has been lost or mislaid; that the defendant by its officers pointed out the stakes, grade and sidewalks as the…
1Opinion of the CourtSeevers, J.
1. pleading : demurrer^I. There were seven grounds stated in the demurrer. The first three may be embraced in a single proposition, and is stated in the argument of the appellee as follows: That the petition alleges there was a grade regularly established by an ordinance, and the petition neither describes the grade nor sets out the ordinance. It may be the petition was vulnerable to a motion for a more specific statement, but we think it is sufficient on demurrer. It is alleged there was a grade in fact established, that the defendant so represented, and relying thereon the plaintiff acted.…
2Cases cited1 opinion
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1879
3Cited by9 opinions
- First Nat. Bank of Guthrie Center v. AndersonSupreme Court of the United States · 1926
- Cascaden v. City of WaterlooSupreme Court of Iowa · 1898
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- Lambe v. McCormickSupreme Court of Iowa · 1902
- Trustees of the Diocese v. City of AnamosaSupreme Court of Iowa · 1889
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