City of Des Moines v. Des Moines Water Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Southern District of Iowa; Arba S. Van Vaikenburg, Judge. Eminent domain proceeding by the City of Des Moines, Iowa, against the Dcs Moines Water Company and others. From a judgment (218 Fed. 939), denying an application to modify a judgment previously'rendered, the city brings error.
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In Error to the District Court of the United States for the Southern District of Iowa; Arba S. Van Vaikenburg, Judge. Eminent domain proceeding by the City of Des Moines, Iowa, against the Dcs Moines Water Company and others. From a judgment (218 Fed. 939), denying an application to modify a judgment previously'rendered, the city brings error. The parties occupied in the court below the same relative positions as plaintiff and defendants as they do in this court, and we shall therefore refer to the city as the plaintiff and the water company as the defendant. The facts are, that the city,…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] The statutes of Iowa malee no provision for the time, within which an award in a condemnation proceeding shall be paid. It would be unreasonable to presume that for that reason this power does not rest somewhere, or in some tribunal. That the condemnor should be re*573quired to make payment within some reasonable time, must be recognized by all, as it is our opinion that, if the parties cannot agree among themselves within what time the money is to be paid, as was done in this instance, the court in which the cause is pending, is the proper tribunal to…
2Cases cited12 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
- The Farmers'loan and Trust Co.Supreme Court of the United States · 1889
- Thomson v. DeanSupreme Court of the United States · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Minnehaha County, SD v. KelleyCourt of Appeals for the Eighth Circuit · 1945
- United States v. 243.22 Acres of LandCourt of Appeals for the Second Circuit · 1942
- Knox National Farm Loan Ass'n v. PhillipsSupreme Court of the United States · 1937
- Coggeshall v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- United States v. 243.22 Acres of Land in Town of BabylonCourt of Appeals for the Second Circuit · 1942
3 more not listed; retrieve them via the Exa API.