Legal Opinion

Gilbert v. Moline Water Power & Manufacturing Co.

Supreme Court of Iowa

Decided January 4, 1866PublishedCited by 18 opinions

Appeal from Scott District Court. Plaintiff, as trustee, claims to be tbe owner of and in possession of a large tract of land in Scott county, in this State, on the Mississippi river, and nearly opposite the town of Moline, in the State of Illinois.

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Appeal from Scott District Court. Plaintiff, as trustee, claims to be tbe owner of and in possession of a large tract of land in Scott county, in this State, on the Mississippi river, and nearly opposite the town of Moline, in the State of Illinois. He alleges that many years since, the defendant erected a dam across the south or slough channel of the Mississippi river, which is situated across said river and opposite plaintiff’s land, between the head of Rock Island in said river and the Illinois shore; and that said company also erected a dam and a wing dam across the said channel between…

1Opinion of the CourtWright, J.

1. JUBISDICSi notice‘ Defendant is a corporation organized and doing business in the State of Illinois. It has no corporate existence in this State. The obstructions com* . plamed of are on the Illinois side of the main channel of the Mississippi river. This is true, whether what is called the main dam or the one between the head of Rock Island and the Illinois shore, is across- a slough or channel. This is not controlled, nor indeed could it well be, for we judicially know that this island (Rock Island) is within the jurisdiction of the State of Illinois, and forms a part of its territory…

2Cases cited1 opinion

  1. Bruner v. ManvilleIndiana Supreme Court · 1831

3Cited by18 opinions

  1. State v. LeGearSupreme Court of Iowa · 1984
  2. California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
  3. State of Iowa v. MullenSupreme Court of Iowa · 1872
  4. Opsahl v. JuddSupreme Court of Minnesota · 1883
  5. State v. GeorgeSupreme Court of Minnesota · 1895

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