Dubuque & Dakota R'y Co. v. Diehl
Supreme Court of Iowa
Appeal from Wright Circuit (Jourt. Action to recover of defendant, Diehl, money paid to him as sheriff, in proceedings had under the statute for a condemnation of a right of way for a railroad. Hathway intervened, claiming the money on the ground that he was the owner of the land. A demurrer to plaintiff’s answer to the petition of the intervenor was sustained. Erom this ruling the plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The cause being before us for decision upon questions arising on demurrer to the answer of intervenor’s petition, thus requiring determination of the sufficiency of the pleadings, they must be set out with particularity.
The petition alleges that in 1881 plaintiff, being the owner' of the right of way for a railroad over certain land in Wright *636county, which it had acquired by purchase from the Iowa & Pacific Railway Company, sold and transferred it to the Iowa Central & Northwestern Railway Company, in the following manner and under the following circumstances: The company last named,…
2Cited by21 opinions
- State v. WilliamsSupreme Court of Iowa · 2005
- State v. KukowskiSupreme Court of Iowa · 2005
- People v. QuiderMichigan Supreme Court · 1912
- City of Des Moines v. LohnerSupreme Court of Iowa · 1969
- Remey v. Iowa Central Railway Co.Supreme Court of Iowa · 1902
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