Tiedt v. Carstensen
Supreme Court of Iowa
Appeal from Bremer Circuit Court. Certiorari to review the proceedings of the hoard of supervisors of Bremer county in establishing a road. The plaintiff caused certain witnesses to be subpoenaed, in order to prove by them tbe inexpediency of locating and establishing the proposed road. The court found that the supervisors proceeded illegally in establishing the road, and thereupon entered a judgment annulling and setting aside the order establishing the road.
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Appeal from Bremer Circuit Court. Certiorari to review the proceedings of the hoard of supervisors of Bremer county in establishing a road. The plaintiff caused certain witnesses to be subpoenaed, in order to prove by them tbe inexpediency of locating and establishing the proposed road. The court found that the supervisors proceeded illegally in establishing the road, and thereupon entered a judgment annulling and setting aside the order establishing the road. The defendants moved to retax the costs, and the court held, and so ordered upon the motion, that the costs and fees of witnesses…
1Opinion of the CourtBeck, J.
— I. The petition of plaintiff alleges as a ground, among others, for issuing tbe writ, “that it is not expedient to establish the road upon the line proposed.” Witnesses *335were in attendance upon the court to testify upon the issue presented by this allegation. They were not, however, examined, as the court held that the road was not lawfully established on account of irregularities — “illegalities”—in the proceedings. Upon the motion to retax the costs, it was held that the plaintiff was not entitled to recover the witness fees, for the reason that the court was not authorized to try and…
2Cases cited5 opinions
- Smith v. Board of SupervisorsSupreme Court of Iowa · 1870
- McCollister v. ShueySupreme Court of Iowa · 1868
- Jordon v. HayneSupreme Court of Iowa · 1872
- McCrory v. GriswoldSupreme Court of Iowa · 1858
- Warner v. DoranSupreme Court of Iowa · 1870
3Cited by62 opinions
- Pierce v. GreenSupreme Court of Iowa · 1940
- Hohl v. Board of Education of Poweshiek CountySupreme Court of Iowa · 1959
- Grant v. NorrisSupreme Court of Iowa · 1957
- State ex rel. Board of County Commissioners v. DunnSupreme Court of Minnesota · 1902
- Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
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