43 Iowa 333 | Iowa | 1876
Besides, the assessment is to be made de novo and without any reference to the assessment which has been made. It is true that the court does not take jurisdiction except by appeal, and that it should appear that there was an assessment from which an appeal can be taken. But as the statute does not give the land-owner control over the report, nor provide for the filing of either the original or a copy in court, the notice of appeal will be deemed presumptive evidence that an assessment has been made.
The report is not necessary to show the land through which the right of way is sought. That may and should be shown in the notice of appeal, as without it there could be no identification of the assessment from which the appeal is taken. With a proper notice of appeal the court has all that is necessary as a record. Evidence may be necessary, to be sure, for the identification of the part taken for the right of way, but such identification need not appear in the court records. The sheriff’s records, in connection with the records of the company, constituted before appeal sufficient muniments of title to the right of way, and as the appeal can change nothing but the assessment, such rec >rds are sufficient afterwards.
II. The appellant claims that the case was certified from Johnson county as if Louisa Hahn was sole plaintiff. The abstract shows a transcript from Johnson county of the papers there on file. In the notice of appeal, which must govern, the case is properly entitled William Hahn and Louisa Hahn vs. The Chicago, Omaha & St. Joseph Eailroad Oo. The defendant in the papers filed by it persisted in misnaming the case, but defendant can of course be allowed to derive no advantage from that fact.
Affirmed.