Brooks v. Payne
Supreme Court of Iowa
Appeal from Tama District Oowt. Certiorari. The petition shows that defendant Hays, with others, petitioned the Board of Supervisors to make a certain change in a road described in the petition. After proper orders appointing commissioners, fixing a day for final hearing before him by the Auditor, etc., that officer, upon a trial, determined against the petitioners for the road and refused to make the change.
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Appeal from Tama District Oowt. Certiorari. The petition shows that defendant Hays, with others, petitioned the Board of Supervisors to make a certain change in a road described in the petition. After proper orders appointing commissioners, fixing a day for final hearing before him by the Auditor, etc., that officer, upon a trial, determined against the petitioners for the road and refused to make the change. Subsequently, at a regular meeting of the Board of Supervisors, the matter came up for review, and the action of the Auditor was disapproved. And thereupon the Board proceeded to…
1Opinion of the CourtReck, J.
i. highway: supervisors, — I. We are first required to determine whether the Supervisors, upon disapproving the action of the Auditor, possessed jurisdiction to enter a judgment and order relocating the road- if required by the law applied to the case made by the petitioners, or whether their authority was limited to a simple disapproval of the action of the Auditor and whether the case should have been referred to him for further consideration.
Chapter 160, § 2, Acts of 12th General Assembly, is in these words: “ The Auditor shall have power to exercise all the duties now performed by the…
2Cited by1 opinion
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