Buckmiller v. Creston, Winterset & Des Moines Ry. Co.
Supreme Court of Iowa
Appeal from Adair District Court. — Hon. J. H. Applegate, Judge. This case involves the sufficiency of the service of notice of appeal from the action of the sheriff’s jury in assessing damages to plaintiff’s property, in a proceeding instituted by the defendant in which it condemned a right of way over plaintiff’s land for railway purposes.
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Appeal from Adair District Court. — Hon. J. H. Applegate, Judge. This case involves the sufficiency of the service of notice of appeal from the action of the sheriff’s jury in assessing damages to plaintiff’s property, in a proceeding instituted by the defendant in which it condemned a right of way over plaintiff’s land for railway purposes. Defendant’s motion to dismiss the appeal' made in the district court for want of sufficient notice of appeal having been overruled, defendant appealed.
1Opinion of the CourtGaynor, J.
On the 26th day of October, 1912, the plaintiff filed in the district court of Adair county his notice of appeal from the award of commissioners, appointed by the sheriff of said county, to assess the damages for the taking of the right of way by the defendant; the plaintiff being the owner of the premises through whose land the right of way passed, and the one affected by the assessment. "When the cause reached the district court, defendant objected to the jurisdiction of the court, on the ground that the notice of the appeal was insufficient to give the court jurisdiction of the defendant,…
2Cases cited4 opinions
- Hoyt v. BrownSupreme Court of Iowa · 1911
- Brown v. PetrieSupreme Court of Iowa · 1892
- C. R., I. F. & N. W. Ry. Co. v. C. M. & St. P. Ry. Co.Supreme Court of Iowa · 1882
- Waltmeyer v. Wisconsin, Iowa & Nebraska R'y Co.Supreme Court of Iowa · 1884
3Cited by6 opinions
- Harrington v. City of KeokukSupreme Court of Iowa · 1966
- Mintle v. SylvesterSupreme Court of Iowa · 1924
- Thorson v. City of Des MoinesSupreme Court of Iowa · 1921
- Coster v. JensenSupreme Court of Iowa · 1934
- Axtell v. RooksSouth Dakota Supreme Court · 1917
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