Myers v. Old Mission & Whitbeck Road
Supreme Court of Iowa
■ Appeal from, the Fayette District Court. ■ Myers filed his petition in the county court of Fayette county, claiming damages in consequence of the running of the Old Mission and Whitbeck road over his land. From the proceedings therein, he appealed to the district court. A motion was there made to dismiss the appeal, Yvhich was overruled, and damages allowed the petitioner to the amount of forty dollars.
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■ Appeal from, the Fayette District Court. ■ Myers filed his petition in the county court of Fayette county, claiming damages in consequence of the running of the Old Mission and Whitbeck road over his land. From the proceedings therein, he appealed to the district court. A motion was there made to dismiss the appeal, Yvhich was overruled, and damages allowed the petitioner to the amount of forty dollars. The defendant, (in the record styled the Old mission and Whitbeek road), appeals. The other material facts appear in the opinion of the court.
1Opinion of the CourtWright, C. J.
Upon several grounds, this case must be reversed. Whether the road sought to be established is more or less than five miles in length, does not appear. If less, then the law requires that those petitioning for it, shall give security for the payment of all the expenses attending the establishment of the same. If more, the petitioners are to give security for the payment of the expenses, if the road is not finally established. Code, sections 521, 522. In either case, if a claim for damages shall be made, the claimant should be styled upon the record the plaintiff, and those petitioning for the…
2Cited by1 opinion
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