Legal Opinion

Borland v. Mississippi & Missouri Railroad

Supreme Court of Iowa

Decided April 8, 1859PublishedCited by 3 opinions

Appeal from the Johnson District Court. The petitioners applied for an assessment of damages, in consequence of the railway of the defendant’s running over their land. The proceeding was under the act of January 18, 1853. Acts of 1853, 58. The sheriff sets out his proceedings in the appointment of a jury, the swearing them, their report, &c., and says nothing concerning having notified the defendants, and it is not shown that they appeared.

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Appeal from the Johnson District Court. The petitioners applied for an assessment of damages, in consequence of the railway of the defendant’s running over their land. The proceeding was under the act of January 18, 1853. Acts of 1853, 58. The sheriff sets out his proceedings in the appointment of a jury, the swearing them, their report, &c., and says nothing concerning having notified the defendants, and it is not shown that they appeared. The commissioners reported a sum as the amount of damages to be paid by the company, and they appealed according to the provisions of section four of the…

1Opinion of the Court

"Woodward, J.

Upon the appeal to the district court, the defendants were entitled to a re-hearing upon the question of damages, and they7 might have caused them to be re-assessed by a jury of twelve men. By their appeal, they were in court for all substantial purposes ; and if they did not appear and urge their right to a new assessment, they could not afterward object the want of notice. The appeal took the cause up on its merits; and it enabled them, in effect, to set right the consequences of any wrong doing, • or partiality of the commissioners, or the sheriff. It became immaterial,…

2Cited by3 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1888
  2. Ney v. SwinneyIndiana Supreme Court · 1871
  3. Runner v. City of KeokukSupreme Court of Iowa · 1861

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