Legal Opinion

Aldrich v. Paine

Supreme Court of Iowa

Decided October 19, 1898PublishedCited by 9 opinions

'Appeal from Wright District Court. — Hon. D. R. Hindman, Judge. A petition having been previously filed with the county auditor, the board of supervisors of Wright county ordered the construction of a ditch commencing in the northwest quarter of southwest quarter of section 31, township 92, range 24 west of the fifth principal meridian, and running thence to a point on the west line of section 14, township 91, range 25, — a distance of six miles, and all within the limits…

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'Appeal from Wright District Court. — Hon. D. R. Hindman, Judge. A petition having been previously filed with the county auditor, the board of supervisors of Wright county ordered the construction of a ditch commencing in the northwest quarter of southwest quarter of section 31, township 92, range 24 west of the fifth principal meridian, and running thence to a point on the west line of section 14, township 91, range 25, — a distance of six miles, and all within the limits of the incorporated town of Clarion, except that part in said section 14. The ditch was constructed in the manner…

1Opinion of the Court

Ladd, JV

1 -I. The trial court found that a majority of the resident owners of land adjacent signed the petition setting forth the necessity, starting point, terminal, and route of the ditch. The record, which must be regarded as conclusive, shows this finding of fact to have been filed on the same day, .and presumably at the same time, the decree was entered. It is doubtless true the appellees had no occasion to object to a judgment in their favor. This, however, did not relieve them from excepting to those special findings with which they were not content, and, having failed to do so, they…

2Cases cited28 opinions

  1. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  2. McPherson v. Foster Bros.Supreme Court of Iowa · 1876
  3. Martin v. TylerNorth Dakota Supreme Court · 1894
  4. Becker v. Keokuk WaterworksSupreme Court of Iowa · 1890
  5. In the Matter of William A. FowlerNew York Court of Appeals · 1873

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3Cited by9 opinions

  1. Clinton v. SpencerMichigan Supreme Court · 1930
  2. Anselmi v. City of Rock SpringsWyoming Supreme Court · 1938
  3. State Ex Inf. North Todd Gentry v. CurtisSupreme Court of Missouri · 1928
  4. Zalesky v. City of Cedar RapidsSupreme Court of Iowa · 1902
  5. Downey v. City of Sioux CitySupreme Court of Iowa · 1929

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