Maxwell v. La Brune
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. This was a proceeding before the board of supervisors to establish a highway. The supervisors established the road on condition that the petitioners pay all costs, and the damages assessed to plaintiff and others, amounting to $650. Upon appeal to the circuit court by defendant, the cause was dismissed, on the ground that no notice of the appeal was served upon the county auditor as required by law. Defendants appeal to this court.
1Opinion of the CourtBeck, J.
1. highway: of^appeai'i11* auditoiCTip” ed. I. The plaintiff filed an amended abstract showing that no notice of an appeal to the circuit court an(^ service thereof were filed either with .the county auditor or clerk of the- circuit court, and that such notice and return have never been made a matter ot record m the case m any manner, and that no notice of such appeal was ever served upon the auditor or plaintiff".
II. This amended abstract is not denied, and, under familiar rules and the practice prevailing here, is regarded as admitted, and as presenting the true condition of the record in…
2Cited by2 opinions
- Omaha Bridge & Terminal Railway Co. v. ReedNebraska Supreme Court · 1903
- Cottrell v. WheelerSupreme Court of Iowa · 1894