Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 148

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 148

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 2009-12 edition. Excerpt: ...pointed out the stakes, grade and sidewalks as the true grade of said street, and the plaintifi' in accordance with said grade so ostensibly established erected a large building on his lot fronting on Commercial street, and placed the foundation and floor of said building at a suitable height above said grade, and in accordance with the stakes set by defendant and the sidewalks built by it, and expended a large sum of money in improving said lots and the erection of said building; that in 1877 the defendant unlawfully and wrongfully changed the grade of said street " without notice to the plaintiff, and without his knowledge, and without the appointment of any appraisers or tender of any damages to the plaintiff, and in the year 1878 proceeded to wrongfully cut down and excavate the streets of said town, and particularly Commercial street, by removing the earth in said street and Noyes v. The Town or Mason City. lowering said street and sidewalk immediately in front of the plaintifi"s building to the depth of three feet." The acts of said defendant being willfully wrong and in violation of law, wherefore the plaintiff asked damages in the sum of five thousand dollars. To the petition there was a demurrer, which was sustained, and the plaintiff appeals.. F. M. Gooolykoontz and Brown cfi Binford, for appellant. lfiller 16 Oleggett, for appellee. Smcvnas, J.---I. There were seven grounds stated in the demurrer. The first three may be embraced in a single prop1. 1-z.mnm;= osition, and is stated in the argument of the mlflelencyz, demurrer. appellee as follows: That the petition alleges there was a grade regularly established by an ordinance, and the petition neither describes the grade nor sets out the ordinance. It...
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Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • English
  • Illustrations, black and white
  • 1236829840
  • 9781236829849