Legal Opinion

Bennett v. City of Marion

Supreme Court of Iowa

Decided October 27, 1898PublishedCited by 33 opinions

Appeal from Linn District Gourt. — Hon. William G. Thompson, Judge. Proceedings to condemn a portion of the plaintiffs’ farm for sewer purposes. The damages were fixed at three thousand two hundred dollars, and plaintiffs appeal.—

1Opinion of the Court

Ladd, J".

1 -The city council of Marion adopted a resolution on the fourteenth day of October, 1896, that about eighty-six acres of the plaintiffs’ farm of one hundred and forty acres, adjoining the corporate limits, were necessary for a sewer outlet, and directed the mayor to institute proceedings necessary for condemnation. This resolution was not invalid because not signed by the mayor. The city, as appears by the last census, has a population of less than eight thousand inhabitants. This is a matter of which the courts will taire judicial notice. Kalbrien v. Leonard, 34 Ind. 497; People v.…

2Cases cited43 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  3. Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
  4. O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
  5. Hanson v. VernonSupreme Court of Iowa · 1869

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3Cited by33 opinions

  1. Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
  2. Bourjaily v. Johnson CountySupreme Court of Iowa · 1969
  3. Reter v. Davenport, Rock Island & North Western Railway Co.Supreme Court of Iowa · 1952
  4. Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
  5. Harvey v. Iowa State Highway CommissionSupreme Court of Iowa · 1964

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