59 Iowa 510 | Iowa | 1882
Lead Opinion
This part of the motion is well taken. The appellant’s abstract shows that the final order was made in the case on the —day of May 1879, and that the bill of exceptions was presented to the District Court J une 26, 1879. It nowhere appears that the bill was signed and filed during the term, nor that the time to do so was by consent extended' beyond the
IT. The bill of exceptions having been stricken from the record, there is no question presented in the argument of appellants, upon the merits of the case, which we can consider.
The court taxed all the costs to the defendants. The statute requires that any party aggrieved by the taxation of a bill of costs may upon application have the same retaxed. Code § 2944. It does not appear that such application has been made. But whether made or not we cannot consider the question upon this appeal, as ertor has not been assigned in the matter of awarding eosts.
Affirmed.
Rehearing
ON REHEARING
In the petition for a rehearing, our attention is called to the fact that what we took to be a reply by appellant to the
The statute also provides that the commission may take evidence, and incorporate the same with their survey; and that upon the filing of the report any person adversely interested may enter objections to it, and the court shall hear and determine the same*, and shall approve or reject the report, or modify it, as it shall see fit, and enter judgment accordingly. § 2 chapter 8 laws of 1874.
The proceeding contemplated is a summary proceeding designed to determine and locate the true boundary line between land owners, without any issue made in court, or trial by jury.
The defendants contend that the statute is in conflict with section 9, article 1 of the constitution, which provides that the right of trial by jury shall remain inviolate, and that “no person shall be deprived of life, liberty, or property, without due process of law.” The defendants insist that they have been deprived of their property without due process of law.
To determine this question, we have to consider what is
Where parties make a conditional claim against each other of this kind, and proceedings are instituted under the statute to determine the fact upon which the respective claims are conditioned, we are not prepared to say that the unsuccessful party is deprived of property within the meaning of the constitution. The question to say the least admits of great doubt. Now it is an elementary principle, in determining the constitutionality of a statute, that even a “reasonable doubt must be solved in favor of the legislative action, and the act sustained.” Cooley on Const. Lim., 182 and cases cited. Such being our view of the nature of the 'defendant’s claim, we cannot properly hold the statute unconstitutional.
This is the only question presented in the petition for rehearing, and we have to say that the former opinion is ad hered to and the judgment affirmed.