129 Iowa 119 | Iowa | 1905
The controversy in this case arises over proceedings for the establishment of a ditch under title 10, chapter 2, of the Code of 1897. The appellant is the owner of land through which the ditch passes, and in due time and in proper manner made a claim for damages, whereupon appraisers were appointed by the county auditor, as provided by section 1941 of the Code, and they assessed the plaintiffs damages and filed their award on the 9th day of May, 1903. On the 4th day' of June the board of* supervisors established the ditch without changing the award, and on the 18th day of the same month the plaintiff served notice of an appeal from the award on the county auditor alone. A motion to dismiss the appeal, because it was not
Section 194-7 permits an appeal “ from the amount of damages allowed,” and the appellee contends that, as the board of supervisors had no power to change the award, it became in fact final when the report was filed, and that an appeal therefrom should have been taken within twenty days. It may be conceded that the argument is not without force, and yet we do-not believe that the Legislature intended to require an appeal upon the filing of the appraisers’ report. The establishment of- the ditch was discretionary with-.the board after a hearing, and under the provisions of section 1941 it could not be established or located xxntil after the .laims for damages had been disposed of by an assessment,
As no notice was given to them as provided therein, the appeal was rightly dismissed; and the judgment is affirmed.