Legal Opinion

Pagels v. Oaks

Supreme Court of Iowa

Decided June 13, 1884PublishedCited by 15 opinions

Appeal from Floyd Circuit Court. This is a proceeding to determine upon certiorari tbe validity of the establishment of a certain alleged public road. The writ was granted and served upon the defendants as members of the board of supervisors of Floyd county. A return was made to the writ by the defendants, and a trial was had, and the plaintiff’s petition was dismissed, and judgment was rendered against him for costs. He appeals.

1Opinion of the CourtAdams, J.

1. HIGHWAY * establish-n]entof:jursuperiors prooieoCf iio?y tice" I. The first question presented pertains to the notice required to be given to the owners or occupiers of the land crossed by the proposed highway or «/ 1 A o «/ abutting thereon. The plaintiff’s objection is ° x J stated in his petition in these words: “There is no proof on file in the auditor’s office of Floyd county, nor does it appear, that the notice required by section 936 of the Code was ever published for four weeks in a newspaper printed in Floyd county or elsewhere; and there was no proof of publication of said notice…

2Cases cited3 opinions

  1. Keyes v. TaitSupreme Court of Iowa · 1865
  2. Johnson v. Supervisors of Clayton CountySupreme Court of Iowa · 1883
  3. Hupert v. AndersonSupreme Court of Iowa · 1872

3Cited by15 opinions

  1. Leach v. ManhartSupreme Court of Colorado · 1938
  2. Nicolas v. GrassleSupreme Court of Colorado · 1928
  3. Camp Bird Colorado, Inc. v. Board of County Commissioners of the County of OurayColorado Court of Appeals · 2009
  4. Brown v. JolleySupreme Court of Colorado · 1963
  5. Paul v. MeadSupreme Court of Iowa · 1943

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