Sarvis v. Caster
Supreme Court of Iowa
Appeal from, Mahasha District Gourt. — Hon. John T. Scott, Judge. The plaintiff is owner of lots numbered 15 to 21, inclusive, constituting a block, bounded by Wells street on the south, Cherry street on the west, and Broadway on the east. Immediately east of Broadway is lot 22, also owned by her.
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Appeal from, Mahasha District Gourt. — Hon. John T. Scott, Judge. The plaintiff is owner of lots numbered 15 to 21, inclusive, constituting a block, bounded by Wells street on the south, Cherry street on the west, and Broadway on the east. Immediately east of Broadway is lot 22, also owned by her. She asked for the vacation of these lots and the portions of the streets mentioned’. The defendants are owners of lots in the same addition to the village, and objected to the vacation of the part of the plat as proposed. On hearing the petition was dismissed, and plaintiff appeals. —
1Opinion of the Court
Ladd, C. J.- —
1 The appellees in an additional abstract, designated' by them an “amendment,” set out portions of the evidence, averring these to be a part of the record. If so, then the evidence must somehow have been properly preserved, and they cannot be permitted to raise the point that a transcript was not filed within six months from the entry of final decree. Connors v. Railway Co., 74 Iowa, 383. And it was not necessary to take an exception to the decree in order to have a hearing de novo. Dicken v. Morgan, 59 Iowa, 157.
2
*7093 *708II. Barnes City is a village of 250 inhabitants, and its…
2Cases cited8 opinions
- Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
- Meier v. Portland Cable Railway Co.Oregon Supreme Court · 1888
- Briel v. City of NatchezMississippi Supreme Court · 1873
- Shea v. City of OttumwaSupreme Court of Iowa · 1885
- Incorporated Town of Cambridge v. CookSupreme Court of Iowa · 1896
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3Cited by11 opinions
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
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- Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
- McClenehan v. Town of JesupSupreme Court of Iowa · 1909
- Town of Kenwood Park v. LeonardSupreme Court of Iowa · 1916
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