Arnold v. Board of Supervisors
Supreme Court of Iowa
Appeal from Kossuth District Court. — IIon. D. E. Coyle, J udge. Plaintiee appealed to the district court from the action of the board of supervisors in assessing her land for the benefits resulting thereto from the making of a drainage improvement. There was a motion to dismiss such appeal on the ground that plaintiff had failed to file a petition as required by section 13, chapter 118, of the Taws of the 33d General Assembly.
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Appeal from Kossuth District Court. — IIon. D. E. Coyle, J udge. Plaintiee appealed to the district court from the action of the board of supervisors in assessing her land for the benefits resulting thereto from the making of a drainage improvement. There was a motion to dismiss such appeal on the ground that plaintiff had failed to file a petition as required by section 13, chapter 118, of the Taws of the 33d General Assembly. This motion was overruled, and the. plaintiff was ordered to file such petition by a subsequent date on penalty of the dismissal of her action. Erom this ruling the…
1Opinion of the CourtMcClain, J.
Chapter 118 of the Taws of the 33d General Assembly is amendatory to various sections of the Code Supplement relating to drainage districts, and in section 13 of that act is found the following provision: “When an appeal authorized by this chapter is taken the county auditor shall forthwith make a transcript of the notice of appeal and appeal bond and transmit the same to the clerk of the district court, and the clerk shall docket the same upon payment by the appellant of the docket fee; and on or before the first day of the next succeeding term of the district court, the appellant shall file…
2Cases cited3 opinions
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Parkinson v. BrandenburgSupreme Court of Minnesota · 1886
- Chicago Title & Trust Co. v. SmythSupreme Court of Iowa · 1895
3Cited by3 opinions
- Grant v. NorrisSupreme Court of Iowa · 1957
- Wilson & Co. v. Otoe CountyNebraska Supreme Court · 1941
- Welch v. WelchSupreme Court of Iowa · 1931