Legal Opinion

Connolly v. Griswold

Supreme Court of Iowa

Decided December 17, 1858PublishedCited by 7 opinions

Appeal from the Johnson District Court. The petitioners presented to the county court of Johnson county, their several claims in writing, for damages sustained by them- in consequence of the establishment of a public road through their lands.

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Appeal from the Johnson District Court. The petitioners presented to the county court of Johnson county, their several claims in writing, for damages sustained by them- in consequence of the establishment of a public road through their lands. The county court appointed appraisers to view the ground, and report upon the amount of damages sustained by each claimant, who returned, as their report and verdict, that the petitioners had sustained no damage by reason of the location of said road. The court overruled a motion of the claimants to' reject the report, whereupon the present claimants…

1Opinion of the CourtStockton, J.

I. It is not claimed tliat the first ground urged for the granting of the injunction, any longer exists ; and no point is made by the complainants, that the injunction should have been sustained for the reason that the crops have not been gathered.

II. The second ground on which the injunction was prayed, and which is now urged as a reason why the same should have been sustained by the district court, we think, is not sufficient. The complainants were entitled to compensation for their private property taken for a public use. This is guaranteed to them by the bill of rights. Section 18: But…

2Cited by7 opinions

  1. Masters v. McHollandSupreme Court of Kansas · 1873
  2. Dunlap v. PulleySupreme Court of Iowa · 1870
  3. Harrington v. City of KeokukSupreme Court of Iowa · 1966
  4. Goeppinger v. Boards of SupervisorsSupreme Court of Iowa · 1915
  5. Merritt v. Interstate Power CompanySupreme Court of Iowa · 1967

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