Legal Opinion

Johnson v. Supervisors of Clayton County

Supreme Court of Iowa

Decided June 6, 1883PublishedCited by 8 opinions

' Appeal from Clayton Circuit Cowrt. Action of certiorari to test the legality of the proceedings of the defendant board of supervisors in establishing a public highway. The circuit court affirmed the proceedings of the board, and the plaintiff appeals.

1Opinion of the CourtAdams, J.

1es?ahUsu^'Y: utility^11'3" — I. The illegality is alleged to consist, among other things, in the fact that the road was adjudged to be of P^lic utility, whereas in fact it was not. The plaintiff claims to be aggrieved because the road runs through his land, though he has been allowed his damages as the law provides.

One question discussed with much learning and ability by counsel,is as to whether, if there was any evidence before the board tending to show that the road was of public utility, their finding can be reviewed in-this proceeding. The counsel for appellant contend that it can; that…

2Cases cited6 opinions

  1. Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
  2. People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
  3. Keys v. Board of SupervisorsCalifornia Supreme Court · 1871
  4. Drowne v. StimpsonMassachusetts Supreme Judicial Court · 1807
  5. People Ex Rel. Sheridan v. . AndrewsNew York Court of Appeals · 1873

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3Cited by8 opinions

  1. Pippin v. MaySupreme Court of Arkansas · 1906
  2. Pagels v. OaksSupreme Court of Iowa · 1884
  3. Molyneaux v. MolyneauxSupreme Court of Iowa · 1906
  4. Bamberger Electric R. v. Public Utilities CommissionUtah Supreme Court · 1922
  5. Blodgett v. McVeySupreme Court of Iowa · 1906

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