Smith v. Powell
Supreme Court of Iowa
Appeal from, Gass Circuit Gourt. The defendants constitute the board of directors of the district township of Brighton, and the relief asked in the petition was that a writ of certiorari issue commanding them to certify to the Circuit Court certain proceedings of said board, to the end certain illegal acts of the board might be corrected. The writ issued, and at the final hearing the relief asked was granted. The defendants appeal.
1Opinion of the CourtSeevers, J.
í practice ■ overC\™waiver of error. — I. The defendants moved the court to “ dism*ss ^ie cause arl^ supersede the writ” upon seYeral grounds, among which was that the “ pétition was not verified.”
The motion was overruled. It is now insisted such ruling *216constitutes reversible error. Tbe only ground relied on in argument is that above stated.
After the motion was overruled tbe defendants filed an answer, and there was,a trial on the merits. Under repeated decisions of this court tbe supposed error was waived.
2 cektiokadirectors'-* illegal acts of. II. At tbe annual meeting of tbe electors of…
2Cited by10 opinions
- Massey v. City Council of Des MoinesSupreme Court of Iowa · 1948
- Anderson v. HadleySupreme Court of Iowa · 1954
- Sullivan ex rel. Orton v. KenneySupreme Court of Iowa · 1910
- Pine Bluff Water & Light Co. v. City of Pine BluffSupreme Court of Arkansas · 1896
- Moffitt v. BrainardSupreme Court of Iowa · 1894
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