In re Bradley
Supreme Court of Iowa
Appeal from Appanoose District Court. — HoN. M. A. Roberts, Judge. This is an application under section 2, chapter 186, Laws Twentieth General Assembly, to secure the drainage of wet lands. There was a remonstrance to the petition. Upon the hearing the board of supervisors found against the petitioners, who appealed to the district court. In the district court the cause was assigned for trial by jury.
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Appeal from Appanoose District Court. — HoN. M. A. Roberts, Judge. This is an application under section 2, chapter 186, Laws Twentieth General Assembly, to secure the drainage of wet lands. There was a remonstrance to the petition. Upon the hearing the board of supervisors found against the petitioners, who appealed to the district court. In the district court the cause was assigned for trial by jury. Peti-^ tioners moved that this assignment be set aside, and the action set for trial to the court. The motion was overruled, and from that ruling this appeal is taken.
1Opinion of the CourtWatebmaN, J.
— I. We have held that an appeal lies 1 from a ruling such as that in question. Price v. Insurance Co., 80 Iowa, 408.
II. We may premise what we have to say with the statement that, in the absence of some special provision requiring *478• it, there is no right to a trial by a jury in condemnation cases. The reason for this rule is that at common 2 law it was the practice to enforce the right of eminent domain by special proceedings, without the intervention of a jury. Lewis Eminent Domain, sections 311, 312; Railroad Co. v. Trout, 32 Ark. 17; Koppikus v. Commissioners, 16 Cal. 248; People v.…
2Cases cited21 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Anderson v. CaldwellIndiana Supreme Court · 1883
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3Cited by10 opinions
- Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Wissenburg v. BradleySupreme Court of Iowa · 1929
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Green v. SmithSupreme Court of Iowa · 1900
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