Legal Opinion

McNichols v. Wilson

Supreme Court of Iowa

Decided March 22, 1876PublishedCited by 11 opinions

Appeal from, Clarke Circuit Court. In October, 1872, the appellants petitioned tbe board of supervisors of Clarke county to establish a certain road.

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Appeal from, Clarke Circuit Court. In October, 1872, the appellants petitioned tbe board of supervisors of Clarke county to establish a certain road. On the 29th of April, 1873, the plaintiff filed his claim for damages in the amount of $260.00. Appraisers were duly appointed, who returned to the board of supervisors that plaintiff would suffer damages by the establishment of the' road in the sum of $15.00. * On the 8th day of September, 1873, the board of supervis-ors ordered that the road be established upon condition that the petitioners pay the damages assessed, and all costs, on or…

1Opinion of the CourtDay, J.

i. highway: of superv?-ald sors: appeal. I. The motion to dismiss the appeal and the demurrer to the jurisdiction of the court present same question, and the rulings of the court be considered together. It is claimed the court had no jurisdiction of the appeal, because the order establishing the road, was conditioned upon the payment by the petitioners of the damages awarded. The provisions of the Code, bearing upon the question, are as follows:

“Section 946. When the time for final action arrives, the board of supervisors may hear testimony, receive petitions for and remonstrances against the…

2Cases cited5 opinions

  1. Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
  2. Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
  3. Williams v. HeathSupreme Court of Iowa · 1867
  4. Hubbell v. ReamSupreme Court of Iowa · 1871
  5. Cannon v. Iowa CitySupreme Court of Iowa · 1872

3Cited by11 opinions

  1. Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
  2. Olleman v. KelgoreSupreme Court of Iowa · 1879
  3. McCollister v. YardSupreme Court of Iowa · 1894
  4. Hall v. CardellSupreme Court of Iowa · 1900
  5. Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896

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