Cook v. Trigg
Supreme Court of Iowa
Appeal from Floyd Ci/reuit Court. This is a proceeding by certiorari to inquire into tbe legality .of the vacation of a certain highway. The court adjudged that the proceedings of the board of supervisors and county auditor be set aside and annulled as illegal, and not within their jurisdiction. The defendants appeal.
1Opinion of the CourtDay, J.
i highway-merit ol^" jurisdiction, — On the 22d day of May, 1878, a petition was filed with the auditor of Floyd county, signed by E. 0. Wilcox and otilers, praying for tbe vacation of all that part of the State Line and Independence road that runs diagonally across section 28, town 15, range 35. On the 23d day of May, 1S78, George Whitehead was appointed a commissioner to view and report upon the expediency of vacating the said road. This commissioner reported that, after a careful examination of the route of the proposed vacation, he would recommend that the road remain as now located, for…
2Cited by3 opinions
- Heery v. RobertsSupreme Court of Iowa · 1919
- Devoe v. SmeltzerSupreme Court of Iowa · 1892
- Lawrence v. WilliamsSupreme Court of Iowa · 1910