Jacobs v. Tobiason
| Decision Date | 06 December 1884 |
| Citation | 21 N.W. 590,65 Iowa 245 |
| Parties | JACOBS v. TOBIASON |
| Court | Iowa Supreme Court |
Appeal from Jones District Court.
IT is alleged in the petition that in the month of May, 1882, two causes were pending in the circuit court of Jones county, in one of which defendant, Tobiason, was plaintiff, and this plaintiff and others were defendants; and in the other one H F. Wilkins was plaintiff, and this plaintiff and others were defendants; and that plaintiff and defendant entered into a contract for the compromise and settlement of said causes whereby defendant agreed, in consideration that plaintiff would refrain from contesting said causes further, he would pay plaintiff the sum of $ 100, and in addition thereto would pay the costs of said causes; and that plaintiff, relying on said promise and agreement, did refrain from further contesting said causes, and they were afterwards disposed of by the court, but that defendant neglected and refused to pay said sum of money or said costs, and the prayer is for judgment for the amount thereof. The answer alleges that said causes were appeals from the award of damages in a proceeding for the establishment of a public highway; that plaintiff and the persons who were his co-defendants in said causes were the petitioners for the establishment of said highway, and defendant and said Wilkins filed their claims for damages on account of the establishment of the same, and that such proceedings were had on said claims that each of the claimants was awarded a sum as damages thereon, and plaintiff and the other petitioners for the road paid the amount of such awards to the auditor, and that thereupon said road was established as a public highway, and opened and worked as such; but that the claimants refused to accept the amounts of the awards, and appealed therefrom, and that the agreement alleged in the petition was entered into while said appeals were pending in the circuit court, and was made for the purpose of defeating the order of the board of supervisors and of preventing the establishment of said highway and its use by the public, and was therefore void and against public policy. The verdict and judgment were for defendant. Plaintiff appeals.
AFFIRMED.
E. Keeler and Sheean & McCarn, for appellant.
J. W. Doxsee, for appellee.
Plaintiff was examined as a witness in his own behalf, and his testimony was the only evidence introduced on the trial. He testified in substance that after the appeals were taken, and while the causes were pending in the circuit court, an agreement was entered into between him and defendant for the settlement of the causes and their final disposition; that his undertaking in the agreement was that he would make no further appearance in the causes, and would cease all efforts for procuring the final establishment of the highways, and that be would withdraw the money which he had deposited with the county auditor for the payment of the awards; and that defendant agreed, in consideration of his doing these things to...
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