Leonard v. Wakeman
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. R. L. Parrish, Judge. Plaintiffs are residents of Holt township, Taylor county, this state, and the defendants are the members of the board of supervisors of said county.
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Appeal from Taylor District Court. — Hon. R. L. Parrish, Judge. Plaintiffs are residents of Holt township, Taylor county, this state, and the defendants are the members of the board of supervisors of said county. In their petition plaintiffs allege that a county bridge, located in said township, and forming a part of a public highway in said township, has become and is now out of repair, defective and unsafe; that defendants, as such board members, have personal knowledge of the impaired condition of said bridge, and have been notified thereof, and repairs thereon demanded; that said board,…
1Opinion of the CourtBishop, C. J.
-There is but one question presented by this record: Does the law make it the duty of the board of supervisors to repair county bridges, in the sense that an action for mandamus will lie in the event of failure and refusal? Section 422 of the Code provides that the board of supervisors at any regular meeting shall have the following powers: “(18) To provide for the erection of all bridges which may be necessary,' and which the public convenience may require * * and to keep the same in repair.” By section 4341 of the Code it is provided that the action for mandamus will lie to compel a board,…
2Cases cited3 opinions
- Wilson v. Jefferson CountySupreme Court of Iowa · 1862
- State ex rel. Houck v. MorrisSupreme Court of Iowa · 1876
- Denison v. WattsSupreme Court of Iowa · 1896
3Cited by9 opinions
- State Ex Rel. Clark v. City of SeattleWashington Supreme Court · 1926
- McCarl v. Clarke CountySupreme Court of Iowa · 1914
- Burg v. City of SeattleCourt of Appeals of Washington · 1982
- Long v. State Highway CommissionSupreme Court of Iowa · 1927
- Romsdahl v. Town of Long LakeSupreme Court of Minnesota · 1928
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