Carroll County v. Cuthbertson
Supreme Court of Iowa
Appeal from Ccurroll District Court.— IIoN. E. M. Powers, Judge.- Joi-iN Notas and others filed in the office of the auditor of Carroll county a petition praying. for the establishment of a drainage district and ditch under chapter 2 of title 10 of the Code, together with bond as required by law. Subsequently J. Roden and others filed an amendment thereto.
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Appeal from Ccurroll District Court.— IIoN. E. M. Powers, Judge.- Joi-iN Notas and others filed in the office of the auditor of Carroll county a petition praying. for the establishment of a drainage district and ditch under chapter 2 of title 10 of the Code, together with bond as required by law. Subsequently J. Roden and others filed an amendment thereto. With-this amendment was filed a bond reciting the filing of the petition, and conditioned for the payment of “ all costs and expenses incurred in- case the supervisors of Carroll county refuse to grant the petition.” This bond was signed by…
1Opinion of the CourtLadd, J.
The bond sued on was filed in pursuance of section 1940 of the Code, and was “ conditioned to pay all costs and expenses incurred in case the board of supervisors refuse to grant the prayer of the petition.” This prayer was for the establishment of a drainage district and excavation of a ditch. Preliminary to a decision by the board, the statute provided for a survey and report by a competent engineer, notice to abutting owners, and presentation of claims for damages; and to assure the payment of the costs and expenses incident thereto such bond is exacted. This statute and those following…
2Cases cited28 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- People ex rel. Van Loben Sels v. Reclamation District No. 551California Supreme Court · 1897
- Brookman v. . HamillNew York Court of Appeals · 1871
- City of Burlington v. GilbertSupreme Court of Iowa · 1871
- People v. MatuszewskiCalifornia Supreme Court · 1903
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3Cited by3 opinions
- Estate of Lamb v. MorrowSupreme Court of Iowa · 1908
- State v. FriendSupreme Court of Iowa · 1931
- Maher v. MorrisonSupreme Court of Iowa · 1917