Legal Opinion

Hatch v. Board of Supervisors

Supreme Court of Iowa

Decided April 9, 1915PublishedCited by 10 opinions

Appeal from Lyon District Court. — Hon. William Hutchinson, Judge. Certiorari to review the legality of the establishment of a highway. The district court dismissed the petition, and plaintiffs appeal.

1Opinion of the CourtSalinger, J.

Before the board of supervisors, this was a proceeding to establish a consent highway under the provisions of Sec. 1512 of the Code, which provides that such road may be established, “if the written consent of all the owners of the land to be used for that purpose be first filed in the auditor’s office.” One Anna Blum was such owner, and her name does not appear on the petition filed with the auditor. It does bear the signature of her husband.

The writ of certiorari may be granted where it is alleged that the tribunal below exceeded its proper jurisdiction, or is otherwise acting illegally.…

2Cases cited2 opinions

  1. Adams & Co. v. HickoxSupreme Court of Iowa · 1881
  2. Stromme v. RieckSupreme Court of Minnesota · 1909

3Cited by10 opinions

  1. Griffith v. Cole Bros.Supreme Court of Iowa · 1917
  2. Pierce v. GreenSupreme Court of Iowa · 1940
  3. Davis v. District CourtSupreme Court of Iowa · 1923
  4. Dickey v. Civil Service CommissionSupreme Court of Iowa · 1925
  5. Ebert v. ShortSupreme Court of Iowa · 1925

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