Ellis v. Carpenter
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. J. K. Johnson, Judge. This is a proceeding to establish a public highway. The petition praying the establishment of the highway was signed by some forty-three persons, and was filed with the auditor of the county. The proposed highway ran along the line of the plaintiff’s farm, and occupied some forty feet in width thereof. He filed a claim for damages.
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Appeal from Mahaska District Court. — Hon. J. K. Johnson, Judge. This is a proceeding to establish a public highway. The petition praying the establishment of the highway was signed by some forty-three persons, and was filed with the auditor of the county. The proposed highway ran along the line of the plaintiff’s farm, and occupied some forty feet in width thereof. He filed a claim for damages. Commissioners were appointed, and his damages were assessed at one hundred and sixty dollars. The matter was heard by the board of supervisors, and the road was ordered established upon condition that…
1Opinion of the CourtRothkock, J.
i highwaysappeÍÍS£ro¿nt: board of ratuJeJsubstiJ0' tuted service. I. The appeal of the plaintiff was dismissed for the reason that no proper notice of the appeal was served, and that, because of the failure to make proper service, the district court had no jurisdiction of the case. The notice and service thereof in eages js prescribed by section 959 of the Code, which is as follows:
“Any applicant for damages claimed to be caused by the establishment of any highway, may appeal from the final decision of the board of supervisors to the circuit (district) court of the county in which the land…
2Cases cited3 opinions
- Spurrier v. WirtnerSupreme Court of Iowa · 1878
- Brydolf v. Wolf, Carpenter & Co.Supreme Court of Iowa · 1871
- Brown v. PetrieSupreme Court of Iowa · 1892
3Cited by12 opinions
- Producers Oil Co. v. DanielsTexas Supreme Court · 1922
- Harrington v. City of KeokukSupreme Court of Iowa · 1966
- Incorporated Town of Casey v. HogueSupreme Court of Iowa · 1927
- Bedford v. Board of SupervisorsSupreme Court of Iowa · 1913
- In Re Assessment of the Property of & the Shares of Stock in the Sioux City Stock Yards Co.Supreme Court of Iowa · 1936
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