Tott v. Sioux City

STUART, Justice.

Plaintiff, Julia M. Tott, brought this action in equity to compel the City of Sioux City to open and improve a dedicated street abutting plaintiff’s lots which had been accepted by the city. The question on appeal is whether mandamus will lie to compel a city council to' open such street. The district court imposed a mandatory duty upon the defendant city to open, improve, grade, and make a roadway of an established public street. A writ of mandamus was issued commanding the city to perform this “ministerial” duty. The city has appealed.

Schulein and Peters’ Morningside…