State ex rel. Floyd v. Mayor of Keokuk
Supreme Court of Iowa
Appeal from Lee District Court. This is an application for a mandamus, to compel the mayor and common council of the city of Keokuk to publish, as provided by law, a list of lots and lands assessed for damages by reason of change of grade for a street, and to pay to the relator the amount allowed him by the commissioners. The alternative writ was issued and served upon the defendants, who appeared and made their return.
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Appeal from Lee District Court. This is an application for a mandamus, to compel the mayor and common council of the city of Keokuk to publish, as provided by law, a list of lots and lands assessed for damages by reason of change of grade for a street, and to pay to the relator the amount allowed him by the commissioners. The alternative writ was issued and served upon the defendants, who appeared and made their return. There was a motion to quash the return, and the cause was agreed to be submitted to the court thereon; but, before it was submitted, the defendants moved the court for leave…
1Opinion of the CourtCole, J.
1. Practice: amendment. 2. - mandamus. The only error complained of, was in sustaining defendants’ motion for leave to amend their return, The right to amend is one thing, and the sufficienCy 0f the amendment is quite another. This proceeding was commenced under the Code of 1851, and is therefore governed by it. (Rev., § 4172.) By that Code, the court may allow material amendments at any stage of the proceedings. (Code of 1851, § 1759; see, also, Mather v. Butler County, 16 Iowa, 59.) There is no reason why this power to allow amendments should not extend to cases of mandamus; and as such…
2Cases cited2 opinions
- Mather v. Butler CountySupreme Court of Iowa · 1864
- Harvey v. SpauldingSupreme Court of Iowa · 1858
3Cited by6 opinions
- Chamberlain v. City of BurlingtonSupreme Court of Iowa · 1865
- Holbert v. KellerSupreme Court of Iowa · 1913
- Huston v. Gelane CompanySupreme Court of Iowa · 1963
- Roberdee v. BierkampSupreme Court of Iowa · 1913
- Robinson v. EricksonSupreme Court of Iowa · 1868
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