68 Iowa 142 | Iowa | 1885
I. The plaintiff, being desirous of extending one of its streets, filed its petition in the circuit court, under authority conferred by Code, § 476, asking the condemnation of certain land therein described. The defendants were served with notice, and appeared, and entered into a written agreement, by their attorneys, with the plaintiff, to the effect that the case should be tried by “arbitrators,” to be selected by agreement, who should be “the judges both of law and feet connected with the case.” Other agreements as to the place of trial, the persons selected to try the case, etc., were entered into. They need not be more particularly referred to. The persons selected by the parties tried the case, and made report to the circuit .court, upon which a judgment of condemnation was made. The damages awarded being paid by plaintiff into court, an order issued directing the sheriff to deliver possesssion of the land to plaintiff. Various objections are made by appellant to the proceedings, which we will consider in the order of their discussion by her counsel.
IY. Counsel maintain that appellant did not appear by counsel in the case, and that attorneys representing her were not by her employed. The affidavits filed upon a motion to vacate the judgment establish the contrary, — -that she was represented by counsel retained by her, who agreed to the reference of the case to the arbitrators.
Y. It is claimed that -the report of the arbitrators does not show that appellant was a party to the suit, and it is argued that for this reason .her rights were not settled by the award. Appellant’s name does not appear in the title of the suit, as given in the report of the abitrators, which states, with sufficientclearness, the amount of the damages assessed by them. It appears that the circuit court regarded the report as pertaining to this case, and rendered judgment upon it. The objection under consideration was not made in the court below. It canuot be first made here.
Affirmed.