65 Iowa 440 | Iowa | 1884
II. There is one other question in the case which was determined by the former opinion, with which decision we are content, and we desire to add nothing further in its support; and, as that opinion will not be published, we here incorporate so much of the former opinion as pertains to that question:
“A cardinal rule of construction is that courts shall give force to every part of a statute or instrument, so far as they can do so consistently. If we adopt the construction which the company contends for in this case, we should hold virtually that it is immaterial whether the owner is named or not, providing some one is named. We should, as it seems to us, virtually nullify an express provision. On the other hand, we can give force to the provision, and still not hold that the other provision is useless. The notice, while not operative as constructive notice to ‘ other persons,’ might have the effect to actually notify them, and if they should appear at the assessment, as they might be expected to if notified, the object would be accomplished. The provision in this view would seem to be a wise one. The relation of the railroad company to the land-owner is entirely different from that of the plaintiff to the defendant in an action. The claim of the company is not to be resisted. Such being the case, it is to be supposed that the land-owner would embrace the earliest opportunity to secure a legal assessment, and that, too, without regard to the question as to whether he had been notified in such a way as to bind him if he should not apjjear. If one proceeding proves abortive, another would be instituted. The object of the statute is to provide the best notice practicable. But if the owner is not named in it we do not think he is bound by it. If we should adopt the construction contended for by the company, and hold that he is, it appears to us that an inducement would be offered to railroad companies to omit the name of the owner, and to name some third person, or some fictitious person, that they might enjoy whatever advantage they could from the absence of the owner.
“ In our opinion the proceedings in this case for condem
Reversed.