Iowa Power Co. v. Hoover
Supreme Court of Iowa
Appeal from Henry District Court. — Hon. W. S. Withrow, Judge. THERE are two appeals, the first from an interlocutory decree, and the second from a final decree which ordered the sheriff to reduce the height of a dam and abate the nuisance caused by its construction and maintenance above the height authorized. The cause was tried as in equity, and there was a decree for defendants upon their equitable answers. The facts will more fully appear in the opinion.
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Appeal from Henry District Court. — Hon. W. S. Withrow, Judge. THERE are two appeals, the first from an interlocutory decree, and the second from a final decree which ordered the sheriff to reduce the height of a dam and abate the nuisance caused by its construction and maintenance above the height authorized. The cause was tried as in equity, and there was a decree for defendants upon their equitable answers. The facts will more fully appear in the opinion. The two appeals were submitted together in this court. The plaintiff is the appellant.
1Opinion of the CourtPreston, J.
There is a large record, and it is an unusual record in some respects. Appellant calls defendants’ pleadings omnibus or blunderbus pleadings, while appellees say of plaintiff’s that plaintiff seemed to he in doubt as to what it really wanted, and that it has shifted its position more than once during the progress of the proceedings, and that it has abandoned the position it first toot. This last proposition is conceded by the plaintiff.
Many questions were raised and determined in the district court which are not before us, but they have all been elaborately argued. The trial court found…
2Cases cited17 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Searles v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1910
- Adams v. HoldenSupreme Court of Iowa · 1900
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3Cited by3 opinions
- Connolly v. Dallas County, IowaSupreme Court of Iowa · 1991
- Parker v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1935
- Scott v. Price Bros. Co.Supreme Court of Iowa · 1927