Wilson v. Hathaway
Supreme Court of Iowa
Appeal from Mills Circuit Court. The plaintiff in his petition alleges that in 1874, L. T. Genuug and others petitioned the proper authority for the establishment of a now county road in Mills county; that at the time the plaintiff was a citizen of the county and the owner, under a contract of purchase, of certain real property through which the projiosed road ran; that a commissioner was duly appointed, and on the 30th day of March, 1874, reported in favor of the…
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Appeal from Mills Circuit Court. The plaintiff in his petition alleges that in 1874, L. T. Genuug and others petitioned the proper authority for the establishment of a now county road in Mills county; that at the time the plaintiff was a citizen of the county and the owner, under a contract of purchase, of certain real property through which the projiosed road ran; that a commissioner was duly appointed, and on the 30th day of March, 1874, reported in favor of the establishment' of the proposed road; that the auditoi* fixed the 2d day of June, 1874, as the final day for filing claims for…
1Opinion of the Court
Miller, Ch. J.
j Highwayestawishment land owner. Prior to the Code of 1873, no service of notice upon the owners of lands, through which a county road was proposed to be established, was required. Notice of the presentation of the petition was required to be given by posting up at the court house door and in three public places in each township through which the road was to pass. Revision, § 824. But now, by the Code, no notice previous to the presentation of the petition is required. It is provided, however, that after the commissioner has reported in favor of the proposed road, and the…
2Cases cited1 opinion
- Melhop v. Doane & Co.Supreme Court of Iowa · 1871
3Cited by15 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
- Kundinger v. City of SaginawMichigan Supreme Court · 1886
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- State Ex Rel. Iowa State Highway Commission v. ReadSupreme Court of Iowa · 1975
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