Legal Opinion

Joint Drainage District No. 3 v. Board of Supervisors

Supreme Court of Iowa

Decided June 3, 1913PublishedCited by 2 opinions

Appeal from Story District Court. — Hon. Chas. Albrook, Judge. Appeal from an award of damages in a drainage proceeding. There was a verdict for the plaintiff for an amount, larger than that allowed by the Supervisors, and the Supervisors appeal.

1Opinion of the CourtEvans, J.

The record, before us is in a somewhat peculiar condition. Upon the trial below the parties dispensed with some proposed evidence on both sides by an oral agreement. The agreement was not entered of record. Counsel for both sides, however, deem themselves honorably bound by it. They do not disagree as to the nature and extent of it, and neither asks any advantage by reason of its omission from the record. The substance of the situation as stated in argument is that, after they had selected their jury in the trial court, they recognized the fact that it consisted of twelve farmers who were…

2Cases cited1 opinion

  1. Larson v. Webster Co.Supreme Court of Iowa · 1911

3Cited by2 opinions

  1. Harris v. BOARD OF TRUSTEES, ETC.Supreme Court of Iowa · 1953
  2. Johnston v. Drainage District No. 80Supreme Court of Iowa · 1918

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