186 Iowa 914 | Iowa | 1919
On the 16th day of April, 1917, the defendant school district, proceeding under the statute providing for the taking of land for school purposes, caused duly appointed referees to assess damages sustained by the plaintiff, in the appropriation of four acres of his land, adjacent to defendant’s sehoolhouse. On that day, the referees appeared, qualified, and proceeded to and did assess the damages which the plaintiff would sustain by the taking of the land at fl',600, and made return to the county superinten
It will be noticed from the statute that, prior to the Acts of the Thirty-seventh General Assembly, plaintiff had 20 days in which to appeal, after receiving notice of the award. Chapter 26 of the Acts of the Thirty-seventh General Assembly limits the right to appeal in the following words:
“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 ten days after receiving notice of the award made. ■ If such appeal is not taken, the assessment shall be final.”
This brings us to the one question: Was plaintiff’s right to appeal terminated, at the time he attempted to appeal to the district court?
If he received a notice of the award made, such as the statute requires, then his appeal must be taken within 10 days from that date, or he is forever after barred from any right of appeal, and the award becomes final. But at any time after the award is made, he may appeal to the district court, and must appeal, if he would avail himself of the right of appeal, within 10 days after receiving notice of the award made.
It will be noted that the appeal was not taken until
“I think that the same day that the appraisers filed their notice with me, either that day or the following,— that is my custom in all appraised cases, — I gave notice of the award of the referees on the form supplied for that purpose, wrote it, and mailed it to Mr. Gregory. That is the only notice I gave him of the award. I don’t remember that I gave him notice by any other means. I think I mailed the notice to him the day of the award, or the next day. I am quite sure I wrote it the same day; and whether I mailed it until the next morning or not, I cannot say. I knew where Mr. Gregory lived at the time. I went to the record reported to me by the secretary of the school district, and took his address from that. I mailed it in an envelope through the Harlan rural route. There was a return card on the envelope. The notice I mailed was never returned. The postage, two cents, I presume was put on the letter. It was a notice of importance, and it certainly would not be sent any other way than with two cents. It was not held up for postage. Mr. Gregory, I think, at that time lived about 3% miles north, and a little east of here. I don’t know the number of the route. I won’t say positively I put on the rural route, although it was my custom.”
Touching this alleged notice, Gregory, the plaintiff, testified :
The other evidence offered to prove the fact of notice of the award is a conversation which, it is claimed by the defendant, was had between a Mr. Paup and the plaintiff, the next day after the filing of the assessment with the county superintendent. Paup testified that he was president of the board; that he knew Gregory; that he had a conversation with him on the 17th of April, the next day after the appraisement; that he told Gregory what it was; that Gregory and he were unloading from a car of feed on the track; that he got a ton of oil meal that morning; that he helped unload it; that he was helping at the elevator at that time. He further testified:
“When I told the plaintiff of the award, he was dissatisfied. Said that he should have had about $2,000. * * * He upbraided me very badly.”
It appears that the amount of the award was paid to the county treasurer of Shelby County on the 20th day of April, 1917.