Jones v. School Board of Liberty Tp.
| Decision Date | 18 November 1908 |
| Citation | 118 N.W. 265,140 Iowa 179 |
| Parties | ANNA JONES, ADMINISTRATRIX, Appellant, v. SCHOOL BOARD OF LIBERTY TOWNSHIP, Appellee |
| Court | Iowa Supreme Court |
Appeal from Johnson District Court.--HON. R. P. HOWELL, Judge.
THIS is a proceeding under section 2815, Code 1897, for the condemnation of land for school district purposes. The commissioners appraised the plaintiff's damages at $ 500. Plaintiff appealed to the district court. Upon trial there the jury fixed her damages at $ 850. The court taxed all costs to the defendant. Plaintiff moved for the allowance of an attorney fee of $ 150 as part of the taxable costs. The court denied the motion, and from this ruling the plaintiff appeals.
Affirmed.
John J Ney, for appellant.
Ranck & Bradley, for appellee.
Section 2815 of the Code makes no express provision for the taxation of attorney's fees as part of the costs. The contention of the appellant is that this section, by reference, adopts the provisions of section 2007. The language of section 2815 which is made the basis of this claim, is as follows: "From the assessment so made, either party may appeal to the district court by giving notice thereof, as in case of taking private property for works of internal improvement within twenty days after receiving notice of the award made." The contention of appellee is that this language only points out the method of taking the appeal, and that it does not, either expressly or by implication, adopt the provisions of section 2007. In support of appellant's contention counsel point out to us, by way of analogy, section 884 of the Code, which reads as follows: "Proceedings for condemnation of land as contemplated in this title, shall be in accordance with the provisions relating to taking private property for works of internal improvement, except that the jurors shall have the additional qualification of being freeholders of the city or town." Under this statute it was held by this court that the corporation city was liable for attorney's fees as a part of the costs. Mellichar v. Iowa City, 116 Iowa 390, 90 N.W. 86. Appellant's counsel contend that the reasoning which was adopted in that case is necessarily conclusive of the case at bar. We think otherwise. Section 884, in terms, adopted "the provisions relating to taking private property for works of internal improvement," with the single exception therein stated. No other "provision" is made for the condemnation of land for city purposes, except those incorporated by such reference in section 884. The provisions thus referred to are found set forth in sections 1999 to 2013, inclusive. It was therefore held by this court that section 2007 was applicable in all its provisions to that class of condemnation proceedings.
On the other hand, section 2815, under which the proceedings in the case at bar were had, is quite complete in and of itself. It provides a method of proceedings somewhat different from the other chapter of the Code. It does provide that "either party may appeal to the district court by giving notice thereof, as in case of taking private property for works of internal improvement." This points out only the method of taking the appeal. The effect of this provision of section 2815 is to adopt a part of section 2009. This is the only section which provides the method of taking an appeal in the chapter referred to. It is manifest, also, that only a small part of this section is adopted by this reference. Under section 2009 the notice of appeal may be served within thirty days, and must be served upon the sheriff. Whereas under section 2815 such notice of appeal must be served within twenty days, and presumably upon the county superintendent rather than the sheriff.
Section 2815 does not, in terms, adopt the "provisions" of any other section, or group of sections. Section 2007 relates wholly to the...
To continue reading
Request your trial