Dunlap v. Pulley
Supreme Court of Iowa
Appeal from, General Term,, Second, Dist/rict (lucas Oounty). Defendant (Pulley), on the 1st of January, 1868, made his bond, with his co-defendant as his surety, conditioned for the faithful discharge of his duties as road supervisor, etc. It appears that, in 1866, a certain county road was petitioned for, and then established by the board of supervisors. Pulley then owned a certain tract of land, through which this road was laid out.
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Appeal from, General Term,, Second, Dist/rict (lucas Oounty). Defendant (Pulley), on the 1st of January, 1868, made his bond, with his co-defendant as his surety, conditioned for the faithful discharge of his duties as road supervisor, etc. It appears that, in 1866, a certain county road was petitioned for, and then established by the board of supervisors. Pulley then owned a certain tract of land, through which this road was laid out. Prior to the establishment of the road, he filed with the clerk his claim for damages. Appraisers were appointed, who found in favor of the applicant the sum…
1Opinion of the CourtWright, J.
Appellee, relying upon the provision of the Constitution, that private property shall not be taken for public use without just compensation (art. 1, § 18), insists that he would not be liable for a failure to remove this obstruction until he was paid the $100 awarded him by the appraisers. In other words, he says this compensation, secured to him by the Constitution, is withheld; and, while it is thus withheld, the public has no right to his property.
He forgets, however, that, though entitled to compensation, he is entitled to it only in the manner provided by law. Connelly v. Griswold, 7…
2Cases cited2 opinions
- McCrory v. GriswoldSupreme Court of Iowa · 1858
- Connolly v. GriswoldSupreme Court of Iowa · 1858
3Cited by15 opinions
- Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
- Utah Construction Co. v. State Highway CommissionWyoming Supreme Court · 1933
- Bishop v. MahikoHawaii Supreme Court · 1940
- Howard v. StateSupreme Court of Arkansas · 1886
- Kohn Bros. v. Clement, Morton & Co.Supreme Court of Iowa · 1882
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