Talcott Bros. v. City of Des Moines
Supreme Court of Iowa
Appeal from Polh District Court.— Hon. W. H. McHenry, Judge. Action to recover damages for an invasion upon and injury to real estate. Plaintiffs are the owners of certain lots abutting on what is known as “ State Street,” in the defendant city. They allege that long prior to the matters complained of they had improved their said property, and this was done with reference to and in conformity with the natural surface of said street.
Read the full summary
Appeal from Polh District Court.— Hon. W. H. McHenry, Judge. Action to recover damages for an invasion upon and injury to real estate. Plaintiffs are the owners of certain lots abutting on what is known as “ State Street,” in the defendant city. They allege that long prior to the matters complained of they had improved their said property, and this was done with reference to and in conformity with the natural surface of said street. Among other things, it is then alleged that in the year 1901 the city, by its officers and agents, entered upon said street and proceeded to make municipal…
1Opinion of the CourtBishop, J.
I. There has come to us with the record in the case what are denominated “ briefs ” and “ arguments ” addressed to a cross-appeal by the plaintiffs. The *116record does not show that any snch appeal was taken. Since the submission of the case, there has been filed with the clerk a statement on the part of the attorneys for the city to the effect that a timely and legal notice of cross-appeal was served upon them, but that, in preparing the record for this court, they failed by oversight to include the same in such record. If this method of record presentation could be approved, still it must be…
2Cases cited23 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Stearns v. City of RichmondSupreme Court of Virginia · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Anselmo v. CoxSupreme Court of Connecticut · 1948
- Glover v. State Highway CommissionSupreme Court of Kansas · 1938
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Anderlik v. Iowa State Highway CommissionSupreme Court of Iowa · 1949
18 more not listed; retrieve them via the Exa API.