Monter v. Board of Supervisors
Supreme Court of Iowa
Appeal from Webster District Cowt. — Edward M. McCall, Judge. The plaintiffs instituted two actions, which, by agreement, were tried together. The first was to restrain the board of supervisors of Boone and Webster Counties from accepting a joint drainage ditch, and the other action was an appeal by plaintiffs from the assessment of benefits.
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Appeal from Webster District Cowt. — Edward M. McCall, Judge. The plaintiffs instituted two actions, which, by agreement, were tried together. The first was to restrain the board of supervisors of Boone and Webster Counties from accepting a joint drainage ditch, and the other action was an appeal by plaintiffs from the assessment of benefits. The cases were tried out on the merits, and plaintiffs were denied relief, and the injunction petition was dismissed, as were the claims in regard to the assessments, and the assessments were confirmed., The plaintiffs appeal.
1Opinion of the CourtPeeston, J.
l. drains : establishment and maintenance: action of board. 1. The issues, as stated by appellants, as to the injunction case- are: In the injunction suit, plaintiffs claimed that the defendant boards made a contract for the construction of the ditch, according to the plans and specifications; that said ditch was not constructed in accordance therewith; that the tile therein was not laid to the required depth; that the tile was not laid according to the contract; that the ditch was wholly inefficient, and that the defendants knew of the faulty, defective, and worthless character of said…
2Cases cited6 opinions
- Littell v. Webster CountySupreme Court of Iowa · 1911
- McCain v. City of Des MoinesSupreme Court of Iowa · 1905
- Scripture v. BurnsSupreme Court of Iowa · 1882
- Condit v. JohnsonSupreme Court of Iowa · 1913
- Thomas v. City of GrinnellSupreme Court of Iowa · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Madsen v. Town of OaklandSupreme Court of Iowa · 1934