McCrory v. Griswold
Supreme Court of Iowa
Appeal from the Johnson District Court, This was a petition to the district court of Johnson county, for a writ of certiorari, to be directed to the county court of said county, commanding the judge thereof to certify to the said district court a transcript of the record and proceedings, as well as the facts of the ease, in the matter of the application of E. H. Griswold and others, for the establishment of a public road in said county.
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Appeal from the Johnson District Court, This was a petition to the district court of Johnson county, for a writ of certiorari, to be directed to the county court of said county, commanding the judge thereof to certify to the said district court a transcript of the record and proceedings, as well as the facts of the ease, in the matter of the application of E. H. Griswold and others, for the establishment of a public road in said county. The petitioner alleges that, within thirty days after the appointment of a day on which the matter of establishing said road would be acted on by the county…
1Opinion of the CourtStockton, J.
The writ of certiorari may be granted in all cases, where an inferior tribunal is alleged to have exceeded its proper jurisdiction, oris otherwise acting illegally, when there is nobther plain, speedy, and adequate remedy. Code, section 1985.
The illegality in the proceedings of the county court, is alleged to be the order establishing the road, without compensation first being made, or secured to be made, to the petitioner. for his private property taken for public use. No objection is made to the expediency of the road; nor that it is not demanded by the public convenience and necessity ;…
2Cited by8 opinions
- Tiedt v. CarstensenSupreme Court of Iowa · 1883
- Masters v. McHollandSupreme Court of Kansas · 1873
- Dunlap v. PulleySupreme Court of Iowa · 1870
- State ex rel. Beise v. District CourtSupreme Court of Minnesota · 1901
- Goeppinger v. Boards of SupervisorsSupreme Court of Iowa · 1915
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