Miles v. Tomlinson
Supreme Court of Iowa
Appeal from Tama District. Court. — Hon. Obed Caswell, Judge. This is a certiorari proceeding against defendants, who constitute the board of township trustees, to test the validity of their acts, as fence viewers, in ordering built a certain fence, and assessing the cost thereof against plaintiff. The district court confirmed the acts of the trustees, and taxed the costs of this proceeding to plaintiff. Hie appeals.—
1Opinion of the CourtWaterman, J.
The defendants, acting as fence viewers, duly ordered a fence built on the line of land claimed to belong to defendant, which adjoined the land of one Malin. This order was made in November, 1895. In June, 1896, the board met, and found the fence had been built by Malin, and agreed upon the cost; and on July 3d, at another meeting, they put in writing the finding that the fence was lawfully built, and the allowance for constructing the part assigned to plaintiff, which was thirty-three dollars and twenty-three cents, and entered their fees previously fixed, together with a fee for the clerk,…
2Cases cited2 opinions
- Geyer v. DouglassSupreme Court of Iowa · 1892
- Varnum v. LeekSupreme Court of Iowa · 1885
3Cited by6 opinions
- Whittier v. WhittierSupreme Court of Iowa · 1946
- Coffey v. GambleSupreme Court of Iowa · 1902
- Street v. StewartSupreme Court of Iowa · 1939
- Davis v. LaughlinSupreme Court of Iowa · 1910
- Scott v. NesperSupreme Court of Iowa · 1922
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