Spray & Barnes v. Thompson
Supreme Court of Iowa
Appeal from Warren District Court. The respondents petitioned the County Court of Warren County, for a change in a part of the State road leading from Inclianola to Fort Des Moines, and their petition was granted, conditionally, as will be shown hereafter. Spray & Barnes petitioned for damages in consequence of the change; claiming one thousand dollars therefor.
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Appeal from Warren District Court. The respondents petitioned the County Court of Warren County, for a change in a part of the State road leading from Inclianola to Fort Des Moines, and their petition was granted, conditionally, as will be shown hereafter. Spray & Barnes petitioned for damages in consequence of the change; claiming one thousand dollars therefor. They based their claim upon the ground, that “in May, 1855, they purchased a certain mill, situate on Middle River, where the State road referred to, now crosses said river, called ‘ Spray & Barnes’ Mill,’ for which they paid ten…
1Opinion of the CourtWoodwARD, J.
The first question made, and the one principally discussed, is whether the writ of certiorari lies.
The statute (Code, sec. 1965) provides for it, in cases where there is no other plain, speedy and adequate remedy. If, then, there is another remedy, answering these requirements, this is not the proper one. And why does not appeal lie in such a case ? It is true that the question is not as to the amount of damages assessed, and ordered to be paid by the petitioners, in order to get the road, but it is whether damages should be allowed at all. The claimants of damages do not ask them, upon the…
2Cited by3 opinions
- Stough v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1887
- Warner v. DoranSupreme Court of Iowa · 1870
- Vancleave v. ClarkSupreme Court of Iowa · 1873