Scott v. Frank
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — HoN. O. D. Wheeler, Judge. On May 18, 1898, the county superintendent of Potta-wattamie county advised D. S. Frank by letter that he had appointed referees to assess the damages which he, as, owner, might sustain by the appropriation of an . acre of land, exclusive of highway, “located on the S. E. ¿ of the S. E. ¿of section 4 township 74, range 12 commencing about forty rods north of the southeast corner of said Section 4, on the…
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Appeal from Pottawattamie District Court. — HoN. O. D. Wheeler, Judge. On May 18, 1898, the county superintendent of Potta-wattamie county advised D. S. Frank by letter that he had appointed referees to assess the damages which he, as, owner, might sustain by the appropriation of an . acre of land, exclusive of highway, “located on the S. E. ¿ of the S. E. ¿of section 4 township 74, range 12 commencing about forty rods north of the southeast corner of said Section 4, on the highway running north and south on the 'east side.” May 31st the referees so appointed reported to the superintendent…
1Opinion of the Court
Ládd, J.
i. damages on »nctl°n The bond sued on is conditioned for the payment of all damages, occasioned by a writ of injunction restraining the defendants in the suit of Frank v. Board of Directors of Keg Creek District Township and others from interfering .with the former’s possession of an acre of land sought to be appropriated for school purposes. To sustain an action for damages it must be made to appear that such injunction was wrongful in its inception, or at least was continued owing to some wrong on the part of plaintiff. If rightfully awarded, but afterwards properly dissolved…
2Cases cited19 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Creek v. McManusMontana Supreme Court · 1893
- School Town v. GrantIndiana Supreme Court · 1885
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Garrett v. LoganSupreme Court of Alabama · 1851
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3Cited by14 opinions
- Kansas ex rel. Stephan v. AdamsCourt of Appeals for the Tenth Circuit · 1983
- M. Blatt Company v. SouthwellSupreme Court of North Carolina · 1963
- Kelder v. DaleMissouri Court of Appeals · 1958
- Chrisman v. SchmickleSupreme Court of Iowa · 1930
- Independent School District No. 35 v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1926
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