Rockwell v. Bowers
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | ROBINSON |
| Citation | 55 N.W. 1,88 Iowa 88 |
| Decision Date | 13 May 1893 |
| Parties | ROCKWELL v. BOWERS, STREET COMMISSIONER, ET AL. |
88 Iowa 88
55 N.W. 1
ROCKWELL
v.
BOWERS, STREET COMMISSIONER, ET AL.
Supreme Court of Iowa.
May 13, 1893.
Appeal from district court, Calhoun county; Charles D. Goldsmith, Judge.
Action in equity to restrain the opening of a street within the limits of the incorporated town of Rockwell. There was a hearing on the merits, and a decree in favor of plaintiff. The defendants appeal.
[55 N.W. 1]
Stevenson & Lavender, for appellants.
O. J. Jolley, for appellee.
ROBINSON, C. J.
On the 1st day of October, 1890, the council of the incorporated town of Rockwell adopted a resolution, a copy of which is as follows: “Be it resolved by the town council of the incorporated town of Rockwell, Calhoun county, Iowa: That Custer street, as shown by the recorded plat of J. M. Rockwell's addition to the town of Rockwell, be extended south to the north line of the southeast quarter of section thirty-six, in township eighty-eight north, of range thirty-three west of the 5th P. M., and there terminating, and that the width of said extended street be established at sixty feet, and the committee on streets and alleys be, and they are hereby, instructed, authorized, and empowered to take immediate action to condemn the same, and have the costs thereof assessed as by law provided, and to open the same for public use.” Plaintiff claims to own the land required for the proposed extension. Acting under the resolution, the committee on streets and alleys applied to the district court of Calhoun county for the condemnation of the land, and procured an order directing possession to be taken of it on the payment into court, or to plaintiff, of the amount of damages awarded by reason of such taking. The damages so awarded have been paid to the clerk of the district court, and the council has ordered defendants, the street commissioner and the committee on streets and alleys of the incorporated town of Rockwell, to open the extension provided for in the resolution. The plaintiff claims that the council had no power to order the extension of a street by resolution; that it can make such an order only by ordinance duly passed as provided by law; that the resolution did not give to the district court jurisdiction to act; and that all the proceedings had in that court, including the order made, were void, and of no effect. He asks that defendants be restrained from opening the extension ordered. A temporary injunction was issued in vacation, but was dissolved upon motion and answer....
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Bourjaily v. Johnson County, No. 53348
...v. Des Moines & Ft. D. Railway, 155 Iowa 51, 135 N.W. 356; Bennett v. City of Marion, 106 Iowa 628, 76 N.W. 844; Rockwell v. Bowers, 88 Iowa 88, 55 N.W. The trial court erred in striking division I of plaintiffs' petition. In view of defendant's admissions and its expressed request this......
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La Plant v. City of Marshalltown
...See, also, Phillips v. Watson, 63 Iowa, 28, 18 N. W. 659;Waterloo Co. v. Hoxie, 89 Iowa, 317, 56 N. W. 499;Rockwell v. Bowers, 88 Iowa, 88, 55 N. W. 1. As appellant relies chiefly upon the Forbes Case, supra, we may further say of that case that not only were the facts alleged in the petiti......
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McLachlan v. Inc. Town of Gray
...and adequate remedy at law. The remedy here should have been sought through proceedings by certiorari. Rockwell v. Bowers, 88 Iowa, 88, 55 N. W. 1;Stubenrauch v. Neyenesch, 54 Iowa, 567, 7 N. W. 1; 2 Dill. Mun. Corp. §§ 611-925. In the opinion of the trial judge, which is set out in the abs......
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Lerch v. Short, No. 34163.
...v. Neyenesch et al., 54 Iowa, 567, 7 N. W. 1;McLachlan v. Town of Gray, 105 Iowa, 259, 74 N. W. 773;Rockwell v. Bowers, 88 Iowa, 88, 55 N. W. 1. [2] Second. May the trial court hear evidence dehors the return in order to determine whether or not the tribunal whose act is brought into questi......
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Bourjaily v. Johnson County, No. 53348
...v. Des Moines & Ft. D. Railway, 155 Iowa 51, 135 N.W. 356; Bennett v. City of Marion, 106 Iowa 628, 76 N.W. 844; Rockwell v. Bowers, 88 Iowa 88, 55 N.W. The trial court erred in striking division I of plaintiffs' petition. In view of defendant's admissions and its expressed request this......
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La Plant v. City of Marshalltown
...See, also, Phillips v. Watson, 63 Iowa, 28, 18 N. W. 659;Waterloo Co. v. Hoxie, 89 Iowa, 317, 56 N. W. 499;Rockwell v. Bowers, 88 Iowa, 88, 55 N. W. 1. As appellant relies chiefly upon the Forbes Case, supra, we may further say of that case that not only were the facts alleged in the petiti......
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McLachlan v. Inc. Town of Gray
...and adequate remedy at law. The remedy here should have been sought through proceedings by certiorari. Rockwell v. Bowers, 88 Iowa, 88, 55 N. W. 1;Stubenrauch v. Neyenesch, 54 Iowa, 567, 7 N. W. 1; 2 Dill. Mun. Corp. §§ 611-925. In the opinion of the trial judge, which is set out in the abs......
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Lerch v. Short, No. 34163.
...v. Neyenesch et al., 54 Iowa, 567, 7 N. W. 1;McLachlan v. Town of Gray, 105 Iowa, 259, 74 N. W. 773;Rockwell v. Bowers, 88 Iowa, 88, 55 N. W. 1. [2] Second. May the trial court hear evidence dehors the return in order to determine whether or not the tribunal whose act is brought into questi......