Cedar Rapids, Iowa Falls & N. W. R'y Co. v. Whelan
Supreme Court of Iowa
Appeal from Emmet Circuit Court. .The defendant, Whelan, is sheriff, and, as such, at the instance of the Chicago, Milwaukee, and St. Paul E. Co., appointed six free holders to assess the damages sustained by owners of real estate in said county for right of way appropriated by said railroad company.
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Appeal from Emmet Circuit Court. .The defendant, Whelan, is sheriff, and, as such, at the instance of the Chicago, Milwaukee, and St. Paul E. Co., appointed six free holders to assess the damages sustained by owners of real estate in said county for right of way appropriated by said railroad company. The condemnation was made, and the plaintiffs sued out certiorari, and had the proceedings removed into the circuit court, on the ground that-the sheriff and free holders, acting as a jury, had exceeded their jurisdiction, or otherwise had acted illegally. The relief asked wag that the…
1Opinion of the Court
Servers J.
I. The writ of certiorari may be granted whenever specially authorized by law, and especially in all cases when- an inferior tribunal, board, or officer, exercising judicial functions, is alleged to have exceeded his jurisdiction, or is otherwise acting illegally, when, in the judgment of the *695superior court, there is no other plain, speedy and adequate remedy. Code, § 3216.
From the assessment of damages made by a sheriff’s jury for right of way purposes, either party may appeal. Code, § 1254. This is a plain, speedy and adequate remedy, when the complaint is that insufficient…
2Cited by5 opinions
- Abney v. ClarkSupreme Court of Iowa · 1893
- Longstreet v. Town of SharonSupreme Court of Iowa · 1925
- Goeppinger v. Boards of SupervisorsSupreme Court of Iowa · 1915
- Witham v. Union CountySupreme Court of Iowa · 1924
- Mill v. City of DenisonSupreme Court of Iowa · 1946