Mellichar v. City of Iowa City
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. Ohas. A. Bishop, Judge. The city by appropriate resolution, passed upom-the.necessity for cemetery purposes of certain lots owned by Ann Mellichar, -and proceeded to condemn the same. She, not being content with the amount fixed by the sheriff’s jury,, appealed to the district court. Before trial the city dismissed the proceedings, and abandoned all claim' to the property.
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Appeal from Johnson District Court. — Hon. Ohas. A. Bishop, Judge. The city by appropriate resolution, passed upom-the.necessity for cemetery purposes of certain lots owned by Ann Mellichar, -and proceeded to condemn the same. She, not being content with the amount fixed by the sheriff’s jury,, appealed to the district court. Before trial the city dismissed the proceedings, and abandoned all claim' to the property. Thereupon she asked that attorney’s fees be allowed her, and be taxed with other costs against the city. This was denied, and she, with whom her husband joins, appeals. —
1Opinion of the Court
Ladd, C. J. —
1 Proceedings for the condemnation of land by a city for public uses are governed by the provisions of chapter 4, title 10, of the Code, relating to the taking of private property for public improvements, save in the matter of the qualification of jurors. Section 884, Code. Section 2007 of that chapter reads: “The corporation shall pay all the costs of assessment made by the commissioners and those occasioned by the appeal, including reasonable attorney fees, to be taxed by the court, unless on trial thereof the same or a less amount of damages is awarded than was allowed by the…
2Cases cited4 opinions
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- St. Louis Railway Co. v. Southern Railway Co.Supreme Court of Missouri · 1897
- St. Louis, Ft. Scott & Wichita Railroad v. MartinSupreme Court of Kansas · 1883
3Cited by12 opinions
- Richardson v. City of CentervilleSupreme Court of Iowa · 1908
- Wheatley v. City of FairfieldSupreme Court of Iowa · 1936
- Wormely v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1903
- Atherton v. State Conservation CommissionSupreme Court of Iowa · 1973
- Jones v. School BoardSupreme Court of Iowa · 1908
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