Tod v. Crisman
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. A. D. Bailie, Judge. On June 27, .1899, A. N. Finnestad and others filed with the auditor of Balo Alto county a petition for a drain, under1 the provisions of section 1940 of the Code, accompanied with an appropriate bond. Thereupon a copy of the petition was-placed in the hands of the county surveyor, who made report, with plat and profile, indicating accurately the location of' the proposed ditch.
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Appeal from Palo Alto District Court. — Hon. A. D. Bailie, Judge. On June 27, .1899, A. N. Finnestad and others filed with the auditor of Balo Alto county a petition for a drain, under1 the provisions of section 1940 of the Code, accompanied with an appropriate bond. Thereupon a copy of the petition was-placed in the hands of the county surveyor, who made report, with plat and profile, indicating accurately the location of' the proposed ditch. Due notice was issued by the auditor, and served on each resident owner, through or abutting upon which the proposed ■ improvement was to be made.…
1Opinion of the CourtLadd, J.
*698i. necessary parties: injunction. *697-In the decree entered May 30, 1901, the defendants were enjoined from levying or collecting taxes or *698issuing bonds on account of the ditch ordered by the board of supervisors to be constructed. But Doolev,, x , _ with whom the contract for its construction had been made, and to whom the bonds for the work had been executed, was not a party to that action. He was vitally interested in the result, for the decree purported to eliminate his-only source of compensation. The officers of the county had but a nominal interest in the suit, and were as likely to be'…
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