Legal Opinion

Forbes v. Delashmutt

Supreme Court of Iowa

Decided December 19, 1885PublishedCited by 13 opinions

Appeals from Mills Circuit and, District Courts. These cases are submitted together as growing out of the same facts, although involving somewhat different questions of law. The plaintiff is the owner of certain land in Mills county, across which the defendant the Council Bluffs & St. Louis Railway Company has located its line of railroad, and its lessee, the defendant the Wabash; St. Louis & Pacific Railroad Company is operating the same.

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Appeals from Mills Circuit and, District Courts. These cases are submitted together as growing out of the same facts, although involving somewhat different questions of law. The plaintiff is the owner of certain land in Mills county, across which the defendant the Council Bluffs & St. Louis Railway Company has located its line of railroad, and its lessee, the defendant the Wabash; St. Louis & Pacific Railroad Company is operating the same. The right of way for the road was-obtained in April, 1879. Afterwards, in September of that year, the proprietor of the Council Bluffs & St. Louis Railway…

1Opinion of the Court

Adams, J

1. xioads: condemnation proceedings: delense of er“onc!iaio"rari. I. We will first consider the question in the action brought for a writ of certiorari against the members of the sheriff’s jury, or commissioners, summoned to assess the damages. In that action ° the court overruled a demurrer to the defendants’ ' answer. Whether the court thought that the plea of estoppel was good, or that the assessment, so far as the defendant commissioners were concerned, was regular and not liable to be set aside upon a writ of certiorari, does not appear. In our opinion, whatever ground of…

2Cases cited1 opinion

  1. Richards v. Des Moines Valley RailroadSupreme Court of Iowa · 1865

3Cited by13 opinions

  1. Orleans-Kenner Electric Ry. Co. v. Metairie Ridge Nursery Co.Supreme Court of Louisiana · 1915
  2. Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
  3. Browneller v. Natural Gas Pipeline Co. of AmericaSupreme Court of Iowa · 1943
  4. Porter v. Board of SupervisorsSupreme Court of Iowa · 1947
  5. Reed v. HollingsworthSupreme Court of Iowa · 1912

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