O'Neil v. Stuber
Supreme Court of Iowa
Appeal from Wapello District Court. — Francis M. Hunter, Judge. Action in mandamus to require the trustees of a township to cause a certain highway to be put in passable condition, and to require an equitable apportionment of the road funds to be made for that purpose. On motion, the petition was dismissed. The plaintiff appeals.
1Opinion of the CourtLadd, J.
i. mandamus : townsMpn^rustees in repair of highway. This is a suit in mandamus, to compel the trustees of a civil township to make an equitable application of road funds, and put in passable condition a described highway. The petition was dismissed on defendant’s motion, for “that there is no provision in the statute authorizing mandamus . proceedings against a township trustee or road contractor, either severally or jointly, in a case like this.” According to the petition, plaintiff was owner of “the NE% of SE14 of Sec. 11, in Twp. 93 North, of Range 15 W.” An established highway extends…
2Cases cited7 opinions
- Patterson v. VailSupreme Court of Iowa · 1876
- Larkin v. HarrisSupreme Court of Iowa · 1872
- Sells v. DermodySupreme Court of Iowa · 1901
- Myers v. PriestSupreme Court of Iowa · 1909
- Ford v. DoolittleSupreme Court of Iowa · 1912
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