Smiths v. Dubuque County
Supreme Court of Iowa
Appeal from the Dubuque District Court. Thomas McCkANEy petitioned tbe county court of Du-buque county, at tbe October term, 1851, for a road, called tbe Eagle Point Road, wbicb passed over tbe lands of tbe Smiths, taking about one-fourtb of a balf block of lots.
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Appeal from the Dubuque District Court. Thomas McCkANEy petitioned tbe county court of Du-buque county, at tbe October term, 1851, for a road, called tbe Eagle Point Road, wbicb passed over tbe lands of tbe Smiths, taking about one-fourtb of a balf block of lots. Tbe matter was continued to tbe November term, at wbicb time an entry was made therein, showing that it came on to be beard, “ and it appearing to the satisfaction of the court, that all the prerequisites have been attended tof a commissioner was appointed to view and locate the road, and make report t.o the court. At the December…
1Opinion of the CourtIsbell, J.
(Wright, C. J. dissenting). — Did the District Court err, in dismissing this application? It is apparent that the ground of the dismissal was, that the county court was not authorized to entertain the application, coming at the time and in the manner it did before that court.. It is insisted here, that no question haying been made before the county court, as to its authority to entertain the application, that the objection came too late for the first time in the District Court, and therefore should have been disregarded. Whether this is, or is not so, depends upon the question, whether the…
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