Cook v. City of Burlington
Supreme Court of Iowa
Appeal from Des Momes District Oowrt. This is a suit- in equity brought by the plaintiffs, who are the owners of lots bordering on Front street, in the city of Burlington, to enjoin the said city and its officers from passing a certain ordinance, and making a lease thereunder of a part of the said street formed by accretions, to the Toledo, Peoria & Warsaw Railway Company. Upon the filing of the petition a temporary injunction was allowed.
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Appeal from Des Momes District Oowrt. This is a suit- in equity brought by the plaintiffs, who are the owners of lots bordering on Front street, in the city of Burlington, to enjoin the said city and its officers from passing a certain ordinance, and making a lease thereunder of a part of the said street formed by accretions, to the Toledo, Peoria & Warsaw Railway Company. Upon the filing of the petition a temporary injunction was allowed. No questions arise upon the pleadings. Under the issues formed, the parties made the following agreed statement of facts: “ The city of Burlington was laid…
1Opinion of the CourtCole, J.
— This ease is between the same parties, and relates to indentically tbe same property as tbe case of Cook v. The City of Burlington, 30 Iowa, 94; S. C., 6 Am. Rep. 649. In that case, tbe city claimed to bold tbe title to tbe said accretions, and that it bad tbe exclusive right to control, alienate and convey tbe same for private purposes, and was about to convey tbe same to tbe T., P. & W. E. Co., to be held and used by it as its private property. This court held, that tbe right to make such unqualified disposition did not reside in tbe city, and that it was competent for a court of equity…
2Cases cited10 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
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3Cited by7 opinions
- Ingram, Kennedy & Day v. C. D. & M. R. R.Supreme Court of Iowa · 1874
- Abolt v. City of Fort MadisonSupreme Court of Iowa · 1961
- Crawford v. Mobile & Girard RailroadSupreme Court of Georgia · 1881
- Diamond Jo Line Steamers v. City of DavenportSupreme Court of Iowa · 1901
- Barney v. KeokukUnited States Circuit Court · 1876
2 more not listed; retrieve them via the Exa API.