Wormley v. Board of Supervisors
Supreme Court of Iowa
'Appeal from Wright District Court. — HoN. B. P. Birdsall, Judge. Certiorari to tbe defendant board to review its proceedings relative to tbe assessment and levy of taxes for tbe construction of a ditcb under tbe provisions of tbe statute. Tbe ditcb in this .case is tbe same as that in question in tbe case of Aldrich v. Paine, 106 Iowa, 461, and tbe facts are the same, so they need not be repeated.
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'Appeal from Wright District Court. — HoN. B. P. Birdsall, Judge. Certiorari to tbe defendant board to review its proceedings relative to tbe assessment and levy of taxes for tbe construction of a ditcb under tbe provisions of tbe statute. Tbe ditcb in this .case is tbe same as that in question in tbe case of Aldrich v. Paine, 106 Iowa, 461, and tbe facts are the same, so they need not be repeated. Among tbe illegalities alleged against tbe action of tbe board of supervisors is that of want of jurisdiction to order tbe construction of tbe ditcb. Tbe district court determined that tbe board…
1Opinion of the CourtGraNGer, J.
— Tbe issues present two> jurisdictional questions as to tbe authority of tbe board of supervisors to order tbe construction of the drain or ditcb. One is as to the *233authority of the board to order its construction through the incorporated town of Clarion, and the other is as to the sufficiency of the petition presented to the board invoking its action in the premises.
The first question — that of the authority of the board to order its construction, in part, within the incorporated limits of the town — was settled in the case of Aldrich v. Paine, in favor of the jurisdiction of the board.…
2Cases cited1 opinion
- Richman v. Board of SupervisorsSupreme Court of Iowa · 1885
3Cited by11 opinions
- Braden v. Board of SupervisorsSupreme Court of Iowa · 1968
- City of Wink v. Wink Gas Co.Court of Appeals of Texas · 1938
- Dunker v. City of Des MoinesSupreme Court of Iowa · 1912
- Harvey Construction Co. v. ParmeleSupreme Court of Iowa · 1962
- Johnston v. Davenport Brick & Tile Co.District Court, S.D. Iowa · 1916
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