Town of Storm Lake v. Iowa Falls & Sioux City Railway Co.
Supreme Court of Iowa
Appeal from Buena Vista .Oiroidt Oou/rt. ActioN under section 476 of the Code, to determine the compensation that should be awarded the defendants for right of way for a street across their depot grounds. The defendant, tlie I. E. & S. O. R. R. Co., filed an answer claiming six hundred dollars. The defendant, the Ill. Oen. R. R. Co., filed no answer, and was defaulted.
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Appeal from Buena Vista .Oiroidt Oou/rt. ActioN under section 476 of the Code, to determine the compensation that should be awarded the defendants for right of way for a street across their depot grounds. The defendant, tlie I. E. & S. O. R. R. Co., filed an answer claiming six hundred dollars. The defendant, the Ill. Oen. R. R. Co., filed no answer, and was defaulted. Upon trial to a jury, verdict and judgment were rendered in favor of the defendants for $175. Afterwards, upon application of the Ill. Cen. R. R. Co., the judgment was set aside and a new trial granted as to both defendants.…
1Opinion of the CourtAdams, J.
I. The application to set aside the judgment *219was not made at the term at which it was rendered. Section 1. new trial: to oMafnfir-waived^ 3154 of the Code, however, provides that ajudgment may be set aside after the term for certain causes, among which are enumerated fraud practiced by the successful party in obtaining the j udgment, and unavoidable casualty or misfortune preventing the unsuccessful party from prosecuting or defending. The ground alleged for setting aside the judgment in this ease is that negotiations for a settlement were pending, and an agreement had been made between the…
2Cited by6 opinions
- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
- Kirby v. HolmanSupreme Court of Iowa · 1947
- Worth v. WetmoreSupreme Court of Iowa · 1893
- Hunter v. PorterSupreme Court of Iowa · 1904
- Council Bluffs Loan & Trust Co. v. JenningsSupreme Court of Iowa · 1890
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