Legal Opinion

White v. Road District No. 1

Supreme Court of Iowa

Decided June 27, 1859PublishedCited by 5 opinions

Appeal from Mahasha District Court. Plaintiff sued for the value of a horse, injured by falling through a bridge, a part of the highway, as it is claimed, in said district. Trial and verdict for plaintiff, and defendant appeals.

1Opinion of the CourtWright, C. J.

We shall notice but one of many errors assigned in this case. In Rusch v. The City of Davenport, 6 Iowa, 443, doubt was expressed, whether in this State, and under our statutes, a road district could sue or be sued as a corporation. The determination of the question was unnecessary, as the case was disposed of upon other grounds. We have no law declaring that each district shall constitute or be a body corporate, capable of suing and being sued. Nor is there any statute giving them the power to sue, or making them liable to a civil action. It is provided that each road district shall be…

2Cases cited1 opinion

  1. Rusch v. City of DavenportSupreme Court of Iowa · 1858

3Cited by5 opinions

  1. Soper v. Henry CountySupreme Court of Iowa · 1868
  2. Wilson v. Jefferson CountySupreme Court of Iowa · 1862
  3. McCord v. HighSupreme Court of Iowa · 1868
  4. Sells v. DermodySupreme Court of Iowa · 1901
  5. State ex rel. Witter v. ForknerSupreme Court of Iowa · 1895

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