Ashley v. Town of Calliope
Supreme Court of Iowa
Appeal from Sioux (Ji/rcuit Oov/rt. This is a special proceeding, by which it is sought to strike sut or sever from the incorporated town of Calliope certain territory on which the plaintiffs reside. There was a trial by jury, and a verdict was returned directing the territory in question to be severed from the incorporation. Upon this verdict an order wras made appointing commissioners tc adjust the terms upon which the severance should be made D efendant appeals:
1Opinion of the CourtRothrock, J.
Numerous objections are urged by counsel for the defendant to the proceedings. They involve the sufficiency of the petition in the matter of whether it was signed by a majority of the resident property holders of that part of the town sought to be severed; whether-the proper notice of the filing of the petition was given; and other alleged defects in the proceedings. "We have examined the record and evidence with care, and our conclusion is that the jury was warranted in finding that the statute was in these respects fully complied with. It will be observed that the statute (Code, §§ 440-446,…
2Cited by6 opinions
- McKeon v. City of Council BluffsSupreme Court of Iowa · 1928
- Lorimor v. Incorporated Town of LorimorSupreme Court of Iowa · 1923
- Johnson v. Incorporated of Forest CitySupreme Court of Iowa · 1905
- Monk v. Incorporated Town of GeorgeSupreme Court of Iowa · 1892
- Creery v. Town of OkobojiSupreme Court of Iowa · 1934
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