Legal Opinion

Seibert v. Lovell

Supreme Court of Iowa

Decided December 13, 1894PublishedCited by 24 opinions

Appeal from Hancock District Cowrt. — Hon. P. W. Burr, Judge. Proceeding by certiorari to test the legality of the action of the board of supervisors of Hancock county, Iowa, in establishing a drainage district. Judgment against plaintiff, and he appeals.

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Appeal from Hancock District Cowrt. — Hon. P. W. Burr, Judge. Proceeding by certiorari to test the legality of the action of the board of supervisors of Hancock county, Iowa, in establishing a drainage district. Judgment against plaintiff, and he appeals. The facts in this case are that on July 10, 1893, a petition was filed with the county auditor of Hancock county, Iowa, signed by the requisite number of persons who were residents, citizens, and legal voters of said county, asking for the establishment of a drainage district, to embrace certain lands described in said petition. A proper…

1Opinion of the CourtKinne, J.

1 *5102 *509I. But two questions need be considered on this appeal: First, when was jurisdiction obtained over the subject-matter of the action; and, second, if jurisdiction once attached, could the power of the board to act be defeated by any subsequent action on part of a part of the petitioners, by their protesting or remonstrating or withdrawing their names from the petition, so as to reduce the number of petitioners below the one hundred required by the statute? The law, in reference to the establishment of drains, levees, ditches, and watercourses is found in chapter 2 of title 10 of the Code of…

2Cases cited2 opinions

  1. Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
  2. Richman v. Board of SupervisorsSupreme Court of Iowa · 1885

3Cited by24 opinions

  1. State ex rel. Harris v. HansonNebraska Supreme Court · 1908
  2. Zilske v. AlbersSupreme Court of Iowa · 1947
  3. Sim v. RosholtNorth Dakota Supreme Court · 1907
  4. Roberts v. BrownCourt of Appeals of Tennessee · 1957
  5. Peverill v. Board of SupervisorsSupreme Court of Iowa · 1928

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