Price v. Town of Earlham
Supreme Court of Iowa
Appeal from Madison District Court. — W. H. Fahey, Judge. The petition in the first ease was filed .October 12, 1914, and alleged, in substance, that the defendants, being the mayor and councilmen of the incorporated town of Earlham, on April 7, 1913, adopted a resolution declaring certain land necessary for cemetery purposes, and instructed the mayor and clerk to make written application to the sheriff of Madison County for the appointment of commissioners to inspect the…
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Appeal from Madison District Court. — W. H. Fahey, Judge. The petition in the first ease was filed .October 12, 1914, and alleged, in substance, that the defendants, being the mayor and councilmen of the incorporated town of Earlham, on April 7, 1913, adopted a resolution declaring certain land necessary for cemetery purposes, and instructed the mayor and clerk to make written application to the sheriff of Madison County for the appointment of commissioners to inspect the same and assess the damages the owner thereof would sustain by the appropriation thereof for said purposes; that they so…
1Opinion of the CourtLadd, J.
In sustaining the defendant’s motion to enter an order setting aside the assessment of damages suffered by the owner from the appropriation of his property for cemetery purposes, the court directed that “the incorporated town of Earlham might proceed with condemnation proceedings with the commissioners heretofore appointed,” after first giving notice to such owner. Of this, plaintiff complains in the first case, for that, as is said, the commissioners, having previously inspected and assessed the property, were biased and prej-' udiced, and thereby rendered incompetent to serve. Subsequently,…
2Cases cited5 opinions
- In re the Estate of KennedySupreme Court of Iowa · 1912
- Scott v. WilsonSupreme Court of Iowa · 1911
- McKinney v. BakerSupreme Court of Iowa · 1896
- City of Detroit v. HeinemanMichigan Supreme Court · 1901
- Folmar v. FolmarSupreme Court of Alabama · 1880
3Cited by7 opinions
- Hinrichs v. Iowa State Highway CommissionSupreme Court of Iowa · 1967
- Wisdom v. Board of SupervisorsSupreme Court of Iowa · 1945
- Morrison v. Carroll ClinicSupreme Court of Iowa · 1927
- Wood v. Iowa State Commerce CommissionSupreme Court of Iowa · 1962
- Minear v. PlowmanSupreme Court of Iowa · 1924
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