Legal Opinion

State ex rel. Brown v. Beaton

Supreme Court of Iowa

Decided June 11, 1920PublishedCited by 13 opinions

Appeal from Union District Court. — Homer A. Fuller, Judge. The Crestón, Winterset & Des Moines Railroad Company was organized in 1911, with its principal place of business at Crestón. Its railroad was constructed nearly parallel with the Chicago, Burlington & Quincy Railroad from Crestón through Spaulding, and then in a northeasterly direction through Zion and two other stations to Macksburg, a distance of 21 y2 miles.

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Appeal from Union District Court. — Homer A. Fuller, Judge. The Crestón, Winterset & Des Moines Railroad Company was organized in 1911, with its principal place of business at Crestón. Its railroad was constructed nearly parallel with the Chicago, Burlington & Quincy Railroad from Crestón through Spaulding, and then in a northeasterly direction through Zion and two other stations to Macksburg, a distance of 21 y2 miles. It appears to have been completed early in 1913, and to have been operated after a fashion until November, 1918, when a week was required to move the last train from Macksburg…

1Opinion of the CourtLadd, J.

1- discontinuance. — From the facts as above recited, it appears that the Crestón, Winterset & Des Moines Railway Company was organized in 1911, completed its line of railway from Crestón via Spaulding and Zion to Macksburg, a distanCe °f 2^2 mileS> earl7 in 1913- About July 1,1912, the company executed a mortgage thereon, to secure bonds in denominations of $500 each, to the amount of $200,000, to trustees; and, as no interest thereon or taxes were paid, proceedings to foreclose, and for the appointment of a receiver, were begun, June 15, 1914. A receiver was appointed, and later, on…

2Cases cited20 opinions

  1. Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
  2. People ex rel. Walker v. Louisville & Nashville RailroadIllinois Supreme Court · 1887
  3. Gates v. Boston & New York Air Line RailroadSupreme Court of Connecticut · 1885
  4. State ex rel. Little v. Dodge City, Montezuma & Trinidad Railway Co.Supreme Court of Kansas · 1894
  5. South Carolina ex rel. Cunningham v. JackCourt of Appeals for the Fourth Circuit · 1906

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3Cited by13 opinions

  1. Bridgman v. MooreTexas Supreme Court · 1944
  2. General Mills, Inc. v. PrallSupreme Court of Iowa · 1953
  3. Wall v. County Board of Education of Johnson CountySupreme Court of Iowa · 1957
  4. Halverson v. HagemanSupreme Court of Iowa · 1958
  5. Moreno v. VietorSupreme Court of Iowa · 1968

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