Warner v. Doran
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. On tbe 7th day of June, 1869, G-. D. Doran filed in the office of the county auditor of Mahaska county a petition for the establishment of a road, of which proper notice had been given.
Read the full summary
Appeal from Mahaska Circuit Court. On tbe 7th day of June, 1869, G-. D. Doran filed in the office of the county auditor of Mahaska county a petition for the establishment of a road, of which proper notice had been given. July 5, 1869, the matter was set down for final hearing on the first Monday in September, 1869. On the 26th day of June, 1869, the same day that the viewer was upon the proposed road, Warner, Goss and Cole, through whose premises the road ran, appeared before the auditor to file their claims for damages, and were informed by him that they could not file the claims for damages…
1Opinion of the Court
Miller J.
1. Appeal : board of supervisors : establishment of road. I. On the refusal of the board of supervisors to entertain the claims of Warner and Goss for damages they had the right of appeal under section 267 of the Revision.
Certiorari brings up only the question of the expediency or propriety of establishing the road, and the legality and regularity of the proceedings to that end, but is not the proper remedy to bring up the question of damages; that question can be brought up only on appeal. Spray & Burnes v. Thompson, 9 Iowa, 40; McCrory v. Griswold et al., 7 id. 248; Prosser v.…
2Cases cited1 opinion
- Spray & Barnes v. ThompsonSupreme Court of Iowa · 1859
3Cited by2 opinions
- Tiedt v. CarstensenSupreme Court of Iowa · 1883
- Goeppinger v. Boards of SupervisorsSupreme Court of Iowa · 1915