State ex rel. Lockwood v. Kirkwood
Supreme Court of Iowa
Appeal from Polk District Court. The act of Congress, approved May 15, 1856, “ making a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of certain railroads in said State,” contains these provisions: 1. “For the purpose of aiding in the construction of a railroad from Lyons City northwesterly to a point of intersection with the main line of the Iowa Central Air Line Railroad, near Macjuoketa, thence on said main line running as near as…
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Appeal from Polk District Court. The act of Congress, approved May 15, 1856, “ making a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of certain railroads in said State,” contains these provisions: 1. “For the purpose of aiding in the construction of a railroad from Lyons City northwesterly to a point of intersection with the main line of the Iowa Central Air Line Railroad, near Macjuoketa, thence on said main line running as near as practicable to the forty-second parallel across said State of Iowa to the Mississippi river,” there was granted to said…
1Opinion of the CourtWeight, J.
Whether the Legislature had the power to resume this grant and confer it upon the company represented by the relators (so far as the rights' of the Iowa Central Air Line Railroad Company are concerned),is a question remotely suggested in the argument, but as we deem it immaterial, from the view taken of the merits of the cause, it is not now determined. And the same may be- said as to the question whether the Governor has such a discretion in the premises as that the judicial power cannot control its exercise. We also remark that we pass these questions for the reason that the determination…
2Cited by8 opinions
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
- State ex rel. Irvine v. BrooksWyoming Supreme Court · 1906
- Courtright v. Cedar Rapids & Missouri River R. R.Supreme Court of Iowa · 1872
- Goodrich v. BeamanSupreme Court of Iowa · 1873
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