Waltmeyer v. Wisconsin, Iowa & Nebraska R'y Co.
Supreme Court of Iowa
Appeal from Hardin Circuit Court. Proceedings for tbe condemnation of a right of way through certain land in Marshall county. An award was made by commissioners, but tbe plaintiff, being dissatisfied with the amount awarded, undertook to appeal to the circuit court of the county.
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Appeal from Hardin Circuit Court. Proceedings for tbe condemnation of a right of way through certain land in Marshall county. An award was made by commissioners, but tbe plaintiff, being dissatisfied with the amount awarded, undertook to appeal to the circuit court of the county. The defendant appeared and filed a motion to dismiss the appeal, the motion being based upon grounds stated as follows: “1. No notice of the appeal was accepted by or served' upon the sheriff of Marshall county, as provided by law. “2. The court has no jurisdiction of this appeal, because no notice thereof was made…
1Opinion of the CourtAdams, J.
An appeal is taken from the commissioners’ assessment by giving the adverse party and the sheriff notice in writing that such appeal has been taken. Code, § 1254. Precisely what was done in this case does not appear. But it is stated in the abstract that “ the plaintiff caused a notice of an appeal, in due form of law, to be issued.” It appears, also, that it was brought to the sheriff’s attention, because it is shown expressly that he directed his deputy to accept service for him, and it was accepted by a due form of accejitance written upon the notice, to which the deputy signed the…
2Cited by1 opinion
- Buckmiller v. Creston, Winterset & Des Moines Ry. Co.Supreme Court of Iowa · 1914