Mason City & Ft. Dodge R. Co. v. Boynton

Citations

• 158 F. 599
• 85 C.C.A. 421
• 1907 U.S. App. LEXIS 4010

Syllabus

<p>1. Writ of Ebeoe — Review—Excessive Damages.</p> <p>A claim that the damages are excessive, where it merely challenges a finding upon, a question of fact, cannot be considered by the federal appellate courts.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3993-3995.]</p> <p>2. Eminent Domain — Iowa Statute — Judgment on Appeal from Commissioners’ Assessment.</p> <p>Under the Iowa eminent domain statute (Code 1897, §§ 2007, 2011) the court, on an appeal from the commissioners’ assessment, cannot render a personal judgment against the condemnor for the landowner’s damages, because the condemnor is free to decline to take the property at the assessment.</p> <p>[Ed. Note. — Following state practice, see note to Nederland Life Ins. Co. v. Hall, 27 C. C. A. 394.]</p> <p>3. Writ of Error — Error in Judgment Entry does not Necessitate New Trial.</p> <p>Where all questions of fact have been tried and determined without error, the incorporation in the judgment of provisions which are unauthorized does not necessitate a new trial, but only a modification of the judgment.</p> <p>[Ed. Note. — -For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 4483-4487.]</p> <p>(Syllabus by the Court.)</p>