Shaw v. Nelson
Supreme Court of Iowa
Appeal from Mahasha District Court. — Hon. Byron W: Preston, Judge. The board of supervisors of Mahaska County established a drainage district in said county known as drainage district No. 2, and some of the parties whose lands were included in the district appealed to the district court by serving notice upon the county ■ auditor.
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Appeal from Mahasha District Court. — Hon. Byron W: Preston, Judge. The board of supervisors of Mahaska County established a drainage district in said county known as drainage district No. 2, and some of the parties whose lands were included in the district appealed to the district court by serving notice upon the county ■ auditor. Beaching the district court the trial judge simply took evidence upon the validity of the order for the establishment of the district, and after all was adduced reversed the action of the hoard and remanded the matter for further proceedings before the board.…
1Opinion of the CourtDeemer, J.
1. Drainage: appeal: notice. I. At the outset we are met with the claim that the district court had no jurisdiction of the case because no notice of appeal from the decision of the hoard of supervisors was given, and for the fur£hei. reason that the appeal bond is insufficient and void because not signed by any surety or sureties. Service of the notice of appeal was accepted by the county-auditor, and the notice was filed by him. This was in accord with the statute (Code Supp. 1907, section 1989a6) and it gave the district court jurisdiction.
2. Same: appeal bond: collateral attack. , II. The…
2Cases cited6 opinions
- Boone County v. JonesSupreme Court of Iowa · 1880
- Zinser v. Board of SupervisorsSupreme Court of Iowa · 1907
- Hartshorn v. Wright County District CourtSupreme Court of Iowa · 1909
- In re the Location & Establishment of Drainage District No. 3Supreme Court of Iowa · 1909
- Minton ex rel. Smith v. OziasSupreme Court of Iowa · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mittman v. FarmerSupreme Court of Iowa · 1913
- Thorson v. Board of SupervisorsSupreme Court of Iowa · 1958
- Wood v. Honey Creek Drainage & Levee District No. 6Supreme Court of Iowa · 1916
- Hall v. PolkSupreme Court of Iowa · 1917
- Mapel v. Board of SupervisorsSupreme Court of Iowa · 1917
3 more not listed; retrieve them via the Exa API.