Spurrier v. Wirtner
Supreme Court of Iowa
Appeal from Johnson Circuit Court. The defendant, Wirtner, filed in the office of the county auditor a petition asking for a change in a highway. The plaintiff, Spurrier, filed a remonstrance, with a claim for damages. Upon a hearing before the board of supervisors, the •prayer of the petition was granted, upon the payment of the damages claimed to have been sustained by Spurrier, and .assessed at one hundred and seventy-five dollars and costs.
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Appeal from Johnson Circuit Court. The defendant, Wirtner, filed in the office of the county auditor a petition asking for a change in a highway. The plaintiff, Spurrier, filed a remonstrance, with a claim for damages. Upon a hearing before the board of supervisors, the •prayer of the petition was granted, upon the payment of the damages claimed to have been sustained by Spurrier, and .assessed at one hundred and seventy-five dollars and costs. Afterwards, and within the twenty days allowed for an appeal ■from the assessment of damages, Wirtner served a notice of appeal upon the county…
1Opinion of the CourtAdams, J.
The appellant claims — First, that the appeal ■was perfected without notice upon the claimant; and, second, if not, that the defect was cured by the claimant’s appearing in the appellate court and filing a motion to dismiss.
1. highway of damages. The statute points out specifically how an appeal is to be taken in such a case. Code, § 960. Notice of appeal must be served within twenty days upon the county auditor and applicant for damages. The appeal cannot be regarded as perfected until the statute is complied with.
2_._. appearance. The point, however, upon which appellant seems especially to…
2Cases cited1 opinion
- Robertson v. Eldora Railroad & Coal Co.Supreme Court of Iowa · 1869
3Cited by9 opinions
- Moffitt v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Ellis v. CarpenterSupreme Court of Iowa · 1893
- Incorporated Town of Casey v. HogueSupreme Court of Iowa · 1927
- Bedford v. Board of SupervisorsSupreme Court of Iowa · 1913
- Thorson v. City of Des MoinesSupreme Court of Iowa · 1921
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