Christensen v. Board of Supervisors of Woodbury Co.

I respectfully dissent. The majority decides two issues in reversing. 1. In this action in equity plaintiffs are granted a right to appeal from the action of defendant in denying damages, in spite of plaintiffs’ failure to appeal within 20 days, as provided in section 306.38, 1950 Iowa Code. 2. That the defect in plaintiffs’ case is not jurisdictional, but involves the merits, and cannot be reached by special appearance.

Presumably it is the contention of the majority that defendant 'should have filed a motion to dismiss. I agree it would have been better; and a more direct approach, but I…