Stevens v. Board of Supervisors
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. On the 18th day of May, 1873, the plaintiff filed in the clerk’s office a petition asking a writ of certiorari, alleging that on the 3d day of March, 1873, a petition was presented to the auditor of said county, signed by George IT.
Read the full summary
Appeal from Cerro Gordo District Court. On the 18th day of May, 1873, the plaintiff filed in the clerk’s office a petition asking a writ of certiorari, alleging that on the 3d day of March, 1873, a petition was presented to the auditor of said county, signed by George IT. Harding and nineteen others, a copy of which is as follows: “To the Hon. Auditor of Cerro Gordo County, Iowa: We, the undersigned, residents of Cerro Gordo county, Iowa, do hereby petition you that a commissioner be appointed and the necessary steps taken to open a county road, as follows, beginning,” etc.; that the said…
1Opinion of the Court
Miller, Ch. J. —
l. highway: establishment of: notice. I. The notice in this case is substantially the same as in the case of Woolsey v. The Board of Supervisors of Hamilton County, 32 Iowa, 130, 132, which was there held sufficient. I he notice m that case was that a petition would be presented, etc., for the .“establishment of a road”; here the notice is that a petition will be presented, etc., “for a new road,” which is in substance the same. To ask “for a new road” is to ask for the establishment of a road.” The language in either ease as certainly and unmistakably expresses the purpose of…
2Cases cited2 opinions
- Woolsey v. Board of SupervisorsSupreme Court of Iowa · 1871
- Treadway v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1866
3Cited by4 opinions
- Devoe v. SmeltzerSupreme Court of Iowa · 1892
- Bockoven v. Board of Sup'rs.South Dakota Supreme Court · 1900
- Stebbins v. Crooked Creek Railroad & Coal Co.Supreme Court of Iowa · 1902
- Wheeler v. RiggsSupreme Court of Iowa · 1937