Myers v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal -from Marshall District Court — Hon. Obed Oaswell, Judge. The railroad company filed with the sheriff of Marshall county, December 7,1899, its application for the condemnation of a strip of ground 100 feet wide for a right of way over the land of plaintiffs. Commissioners were appointed, and duly assessed the damages. The owners appealed to the district court, and on April 16, 1900, a transcript was filed with the clerk.
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Appeal -from Marshall District Court — Hon. Obed Oaswell, Judge. The railroad company filed with the sheriff of Marshall county, December 7,1899, its application for the condemnation of a strip of ground 100 feet wide for a right of way over the land of plaintiffs. Commissioners were appointed, and duly assessed the damages. The owners appealed to the district court, and on April 16, 1900, a transcript was filed with the clerk. On the 2d day of August following, the company filed its application for removal to the circuit court of the United States, alleging as ground therefor that at the…
1Opinion of the CourtLadd, C. J.
The petition for removal contained statements sufficient to require an order transferring the cause to the circuit court of the United States, if permissible in such a case. The exceptions thereto, sustained by the *314district court, were: (1) that the railroad company was really the plaintiff, as it instituted the proceedings; (2) that, as the cause might not have been brought originally in the United States circuit court, it could not, under the acts of congress, be removed there; (8) that the district court had merely appellate jurisdiction of the proceedings; and (4) that the condemnation…
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3Cited by19 opinions
- Chicago, Rock Island & Pacific Railroad v. StudeSupreme Court of the United States · 1954
- Fed. Sec. L. Rep. P 98,720 Oppenheimer & Co., Inc. v. Ferdinand A. Neidhardt, and Erich Hoepfer, Stephen Rothchild DesimoneCourt of Appeals for the Second Circuit · 1995
- Mason City & Fort Dodge Railroad v. BoyntonSupreme Court of the United States · 1907
- Union Terminal Ry. Co. v. Chicago, B. & Q. R.U.S. Circuit Court for the District of Western Missouri · 1902
- Bradley v. Halliburton Oil Well Cementing Co.District Court, E.D. Oklahoma · 1951
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