State ex rel. County Attorney v. Des Moines City Railway Co.
Supreme Court of Iowa
Appeal from Dallas District Court. — I-Ion. J. H. Applegate, Judge. This is a quo warrauto proceeding instituted by certain private citizens on behalf of the State of Iowa, and thereafter joined in by the County Attorney against the Des Moines City Railway Company to test the right of the defendant company to maintain and operate its street railway upon the streets of the city of Des Moines.
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Appeal from Dallas District Court. — I-Ion. J. H. Applegate, Judge. This is a quo warrauto proceeding instituted by certain private citizens on behalf of the State of Iowa, and thereafter joined in by the County Attorney against the Des Moines City Railway Company to test the right of the defendant company to maintain and operate its street railway upon the streets of the city of Des Moines. The city was made a party to the original proceedings on the theory that it was its duty to oust the defendant from its streets, "and that it had failed and negleced to do so. Both the street railway…
1Opinion of the CourtDeemer, J.
The ease was before us at a former term upon some interlocutory orders made by the trial court, and it was there held, in effect, that quo warranto would lie, and that the action was commenced by proper parties. See State v. Railway Co., 135 Iowa, 694. The opinion in that case recites the nature of the proceedings at length, and we need only notice in this connection that the action was commenced September 5, 1905. It was allowed to drag along for some reason, and was not finally tried in the district court until the latter part of the year 1910; the defendant City Railway Company assuming…
2Cases cited97 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
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3Cited by26 opinions
- State Ex. Rel. York v. B. of C. Com'rsWashington Supreme Court · 1947
- Huston v. City of Des MoinesSupreme Court of Iowa · 1916
- Van Eaton v. Town of SidneySupreme Court of Iowa · 1930
- City of Roswell, N.M. v. Mountain States Telephone & Telegraph Co.Court of Appeals for the Tenth Circuit · 1935
- Iowa Electric Light & Power Co. v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1933
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