McCune v. Swafford
Supreme Court of Iowa
Appeal from the Johnson District Court. This was a proceeding to obtain an alteration in a county road. Swafford, with twenty other persons, presented a petition to the county court of Johnson county, for a change in the course of a road in said county, called the “ J. T. Pope Eoad,” in a portion thereof not exceeding one mile in length. A remonstrance against the change was afterwards presented by McCune and twenty-eight other persons.
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Appeal from the Johnson District Court. This was a proceeding to obtain an alteration in a county road. Swafford, with twenty other persons, presented a petition to the county court of Johnson county, for a change in the course of a road in said county, called the “ J. T. Pope Eoad,” in a portion thereof not exceeding one mile in length. A remonstrance against the change was afterwards presented by McCune and twenty-eight other persons. In the county court, such proceedings were had, that the court ordered the change prayed for. An appeal was taken to the district court, on the part of the…
1Opinion of the CourtWoodward, J.
The question which stands paramount, and the only one now considered, is, whether an appeal lies from the county to the district court, in a case of this nature. This question is determined by the terms of the statute. The Code, in section 131, relating to appeals from the county court, provides that “ an appeal is allowed from all decrees and decisions of the county court, on the merits of any matter affecting the rights or interests of individuals, as distinguished from the public.” The interest which any of these parties shows, is only such as they have in common with the public, and is…
2Cases cited1 opinion
- Myers v. SimmsSupreme Court of Iowa · 1857
3Cited by1 opinion
- Bankhead v. BrownSupreme Court of Iowa · 1868