Keeline v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie District Cowrt. This is a case, prosecuted without action, upon an agreed statement of facts, wherein plaintiff sought an injunction restraining defendants from opening an extension of a street. The district court dismissed the proceeding, and plaintiff appeals.
1Opinion of the CourtBeck, J.
I. This proceeding is wholly based upon an agreed statement of facts, signed by the attorneys of the parties, wherein the relief sought by plaintiff is prayed for. There are no pleadings in the case, nor was there any notice or other process served upon defendant. The Code contains the following provisions applicable to the question of the sufficiency of the proceedings to authorize an adjudication of the questions of law and fact arising in the case:
“ Section 3408. Parties to a question in difference, which might be the subject of civil action, may, without action, present an agreed…
2Cited by5 opinions
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Robinson v. Bruce Rent-A-Ford Co.Supreme Court of Iowa · 1927
- Hudson Oil Co. v. Board of County CommissionersWyoming Supreme Court · 1935
- Stoddard v. William A. Davis Co.Idaho Supreme Court · 1923
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906