Myers v. Simms
Supreme Court of Iowa
Appeal from the Mahaska District Court This was an appeal from tbe judgment of tbe District Court, dismissing an appeal from the county court of Mahaska county, establishing a .road in said county. The plaintiff and twenty-one other persons presented the petition for the establishment of the road.
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Appeal from the Mahaska District Court This was an appeal from tbe judgment of tbe District Court, dismissing an appeal from the county court of Mahaska county, establishing a .road in said county. The plaintiff and twenty-one other persons presented the petition for the establishment of the road. On the coming in of the report of the commissioners appointed to examine as to its expediency, the defendant and twenty-nine other persons presented a remonstrance to the county court against its being established. The defendant, Simms, claimed compensation for the damages which he alleged that he…
1Opinion of the CourtStockton, J.
The appeal in this case was from the order *502©f the county court establishing the road, and not from the action of the appraisers fixing the amount of damages to be paid the defendant by reason of the road passing through his land. The questions arising upon the- amount of the-defendant’s compensation, are not necessarily involved in the order of the court establishing the road, and an appeal from the latter order, if regular and proper, would not necessarily bring •up the former with it for adjudication.. An appeal is- allowed from all orders and decisions of the county courts, on the merits…
2Cited by7 opinions
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Stubenrauch v. NeyeneschSupreme Court of Iowa · 1880
- Riggs v. Board of SupervisorsSupreme Court of Iowa · 1917
- Lippencott v. AllanderSupreme Court of Iowa · 1867
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