State v. Wagner
Supreme Court of Iowa
Appeal from Clinton District Court. The petition states that the defendant, Wagner, is county auditor, and the other defendants are members of the board of supervisors, township clerk, and supervisor of highways; that a petition was presented to the board of supervisors asking the establishment of a highway of the width of forty feet; that a commissioner was appointed to view and report upon the expediency of said highway, who made a report recommending the establishment of…
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Appeal from Clinton District Court. The petition states that the defendant, Wagner, is county auditor, and the other defendants are members of the board of supervisors, township clerk, and supervisor of highways; that a petition was presented to the board of supervisors asking the establishment of a highway of the width of forty feet; that a commissioner was appointed to view and report upon the expediency of said highway, who made a report recommending the establishment of the same in accordance with the petition, a day was fixed for the final hearing and the notices provided by law duly…
1Opinion of the CourtSeevees, J.
I. It is urged that the auditor had no power-to establish a highway of a less width than sixty-six feet, and this first demands our attention.
i. highways: authority o£ auditor. Without doubt it is true* highways can only be established, vacated or changed in accordance with the . . „. , . . , . provisions o± law enacted by the General Assembly.
■ The several officers or boards possess the power or authority vested in th.em respectively by statute and none other.
It is provided by Sec. 921 of the Code that “highways hereafter established must be sixty-six feet in width unless otherwise directed,…
2Cases cited2 opinions
- Knowles v. City of MuscatineSupreme Court of Iowa · 1866
- Brooks v. PayneSupreme Court of Iowa · 1874
3Cited by1 opinion
- State v. BarlowSupreme Court of Iowa · 1883