161 Iowa 502 | Iowa | 1913
1. municipal corporations: The city council of Colfax by resolution adopted October 30, 1911, levied a special assessment against realty of appellees. Notice of appeal therefrom was served on the mayor of the city November 4th follow-mg, and a few days later the mayor on his own motion indorsed on the back of the notice the words, “Appeal bond fixed at $100,” but. did not notify plaintiff or his attorney thereof. A bond in this amount was tendered the city clerk December 16, 1911, which he refused to approve because presented too late. Because of the bond not having been filed within ten days after the levy of the special assessment, the defendants moved that the appeal be dismissed. This motion should have been sustained. Section 839 of the Code provides that: “Any person affected by the levy of any special assessment provided for in this chapter may appeal therefrom to the district court within ten days from the date of such levy, by serving written notice thereof upon the mayor or clerk, and filing a bond for costs, to be fixed and approved by either of said officers. ’ ’
To effect an appeal, it was quite as essential that the bond be filed within the time specified as that notice of appeal be served. Lynch v. Bruner, 99 Iowa, 669. In other words, to effect an appeal, the statute authorizing it must be complied with. Finke v. Zeigelmiller, 77 Iowa, 251; Ellis v. Carpenter, 89 Iowa, 521. Had plaintiffs done all required of them within proper time, possibly they might not be deprived of an appeal by the failure of an officer to perform his duty. See Burns v. Keas, 20 Iowa, 16; Dobson v. Dobson, 7 Neb. 297: