Everett v. Board of Supervisors
Supreme Court of Iowa
Appeal from Pottawattamie District Court; — Hon. H. E. Deemer, Judge. The petition shows that the plaintiff is the executor of the will of Horace Everett, deceased; that Horace Everett owned the northwest quarter of section two, township seventy-four, range forty, west; that the defendant hoard established a “consent road” or public highway over and across said land, without the consent of said Horace Everett, upon the consent of other parties, as to.their lands, and that no…
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Appeal from Pottawattamie District Court; — Hon. H. E. Deemer, Judge. The petition shows that the plaintiff is the executor of the will of Horace Everett, deceased; that Horace Everett owned the northwest quarter of section two, township seventy-four, range forty, west; that the defendant hoard established a “consent road” or public highway over and across said land, without the consent of said Horace Everett, upon the consent of other parties, as to.their lands, and that no damages were paid to said Everett. The defendants, other than the board of supervisors, are the trustees of the…
1Opinion of the Court
Granger, d.
I. We are first to determine the correctness of the court’s action in sustaining the demurrer to the petition. The only object of the board 1 of supervisors as a party must have been to have a party in court, so that an issue might be made whereby the court could acquire jurisdiction to determine the legality of the road, and, if not legally established, to enter a judgment vacating it in accordance with the prayer of the petition. It is not, and we think would not be, claimed that the other parties were proper or necessary for such a purpose. It is, then, a question whether the…
2Cases cited4 opinions
- Tiedt v. CarstensenSupreme Court of Iowa · 1883
- Tiedt v. CarstensenSupreme Court of Iowa · 1884
- McCrory v. GriswoldSupreme Court of Iowa · 1858
- Scott v. LasellSupreme Court of Iowa · 1887
3Cited by6 opinions
- Yockey v. Woodbury CountySupreme Court of Iowa · 1906
- City & County of Denver v. Glendale Water & Sanitation DistrictSupreme Court of Colorado · 1963
- Whalen v. RingSupreme Court of Iowa · 1937
- Ryke v. ReamSupreme Court of Iowa · 1931
- Larson v. District Court of Marion CountySupreme Court of Iowa · 1976
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