Legal Opinion

Noble v. Des Moines & St. Louis R'y Co.

Supreme Court of Iowa

Decided October 16, 1883PublishedCited by 10 opinions

Appeal from Lucas District Court. The questions involved in this case grow out of proceedings instituted for the condemnation of a right of way for the defendant through the plaintiff’s land. The amount assessed by the sheriff’s jury was $1,500. From the assessment the defendant appealed.

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Appeal from Lucas District Court. The questions involved in this case grow out of proceedings instituted for the condemnation of a right of way for the defendant through the plaintiff’s land. The amount assessed by the sheriff’s jury was $1,500. From the assessment the defendant appealed. A trial was had, and the jury rendered a verdict in these words: “We the jury assess the plaintiff’s damages at $1,300, with interest at six per cent from May 30, 1881.” The court computed the interest at six per cent, and caused an entry to be made, against the objections and resistance of the defendant, to…

1Opinion of the CourtAdams, J.

i practice oourtP-ra“stract: title of. — I. The paper relied upon by the appellant, as an abstract in this case is not expressly called an abstract, nor does ^ contain any averment that it is such. The aPPellee insists that we cannot regard it as an attract.

In our.opinion the appellee’s position cannot be sustained. The custom is, to be sure, to cause the word abstract to be printed upon the first page, as a mode of designating the paper, and this custom is to be commended. But, in the absence of such Word, the character of the paper can be discovered by a slight examination, and we should…

2Cases cited2 opinions

  1. McGregor v. ArmillSupreme Court of Iowa · 1855
  2. Jones v. Mahaska County Coal Co.Supreme Court of Iowa · 1877

3Cited by10 opinions

  1. City of Anchorage v. ScaveniusAlaska Supreme Court · 1975
  2. Hayes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1948
  3. Wormely v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1903
  4. Beal v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
  5. Ellsworth v. Chicago & Iowa Western Railway Co.Supreme Court of Iowa · 1894

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