McKinney v. Baker
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. D. Ryan, Judge. This is a proceeding -by certiorari. Plaintiffs, in their petition filed in the district court, averred that the defendants, the board of supervisors and auditor of the county of Keokuk, had exceeded their jurisdiction, in that they failed to put the names of the owners of the land through which the highway passed, in the published notice of the filing of the petition to vacate the road in controversy.
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Appeal from Keokuk District Court. — Hon. D. Ryan, Judge. This is a proceeding -by certiorari. Plaintiffs, in their petition filed in the district court, averred that the defendants, the board of supervisors and auditor of the county of Keokuk, had exceeded their jurisdiction, in that they failed to put the names of the owners of the land through which the highway passed, in the published notice of the filing of the petition to vacate the road in controversy. Also, because the defendants did not serve any notice upon the owners of the land through which the road runs; that they failed to…
1Opinion of the CourtKinne, J.
1 I. Code, section 986, provides that
“ within twenty days after the day is fixed by the auditor, as above provided, a notice shall be served on each owner or occupier of land lying in the proposed highway, or abutting thereon, as shown by the transfer books in the auditor’s office, who resides in the county, * * * and such notice shall be published for four weeks in some newspaper printed in the county.” The statute requires the notice to be personally served upon the owner, as shown by the transfer book, when he resides in the county; if he be a non-resident, upon the occupier of the land,…
2Cases cited5 opinions
- Brady v. ShinkleSupreme Court of Iowa · 1875
- Grove v. AllenSupreme Court of Iowa · 1894
- Alcott v. AchesonSupreme Court of Iowa · 1878
- Ellsworth v. Chickasaw CountySupreme Court of Iowa · 1875
- State ex rel. Patrick v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1885
3Cited by9 opinions
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Long v. WilsonSupreme Court of Iowa · 1903
- McCann v. Clarke CountySupreme Court of Iowa · 1910
- Sullivan v. RobbinsSupreme Court of Iowa · 1899
- Heery v. RobertsSupreme Court of Iowa · 1919
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