Blair v. Boesch
Supreme Court of Iowa
Appeal from Des Moines Circuit Co'wrt. This is a proceeding in certiora/ri by which it is sought to annul the action of the board of supervisors in approving and confirming a re-survey of a public road. Upon a trial in the Circuit Court the proceedings before the board of supervisors were held to be authorized "by law, and the plaintiff appeals.
1Opinion of the CourtRotiibook, J.
i. highway • oRjeet of’statute‘ I. The law under which the re-survey was made is found in section 964 of the Code, and is as fol^ows: “When by reason of the loss or destruction of the field notes of the original survey, or in cases of defective surveys or record, or in cases of such numerous alterations of any highway since the original survey that its location cannot be accurately defined by the papers on file in the proper office, the board of supervisors of the proper county may, if they deem it necessary, cause such highway to be re-surveyed, platted and recorded as hereinafter provided.”…
2Cases cited1 opinion
- Carey v. WeitgenantSupreme Court of Iowa · 1879
3Cited by2 opinions
- Caulkins v. WardSupreme Court of Iowa · 1905
- McNamara v. BrehmSupreme Court of Iowa · 1900