42 Iowa 385 | Iowa | 1876
“Section 946. When the time for final action arrives, the board of supervisors may hear testimony, receive petitions for and remonstrances against the establishment, vacation, or alteration, as the case may be,, of such highway, and may establish, vacate, or alter, or refuse to do so, as in their judgment, founded on the testimony, the public good may require. Said board may increase or diminish the damages allowed by the appraisers, and may make such establishment, vacation, or alteration, conditioned upon the payment, in whole or in part, of the damages awarded or expenses in relation thereto.”
. “ Section 947. In the latter case a day shall be fixed for the performance of the condition, which must be before the next session*of the board; and if the same is not performed by the day thus fixed, the board shall, at such session, make some final and unconditional order in the premises.”
. “Section 959. Any applicant for damages, claimed to be caused by the establishment of any highway, may appeal from the board of supervisors to the Circuit Court of the county in which the land, lies, but notice of this appeal must be served on the county auditor within twenty days after the decision is made. If the highway has been established on condition that the petitioners therefor pay the damages, such notice eball be served on the four first named in the petition.*390 for the highway, if there are that many who reside in the county.”
“ Section 962. The amount of damages the claimant is. entitled to shall be ascertained by said Circuit Court in the same manner as in actions by ordinary proceedings, and the-amount so ascertained shall be entered of record, but no judgment shall be rendered therefor. The amount thus ascertained shall be certified by the clerk to the board of supervisors, who shall, thereafter, proceed as if such amount had been by them allowed the claimant as damages.”
From these provisions Ave are satisfied that the appeal in question was not prematurely taken. Section 946 provides that when the time for final action arrives, the board of supervisors may increase or diminish the damages allowed by the appraisers, and may make the establishment of the road conditioned upon the payment of the damages awarded. This is the final action of the board upon the amount of damages.The final and unconditional order spoken of in the next section is to be made only in the event of the failure of the petitioners to pay the damages, upon the payment of Avhichthe establishment of the road may be conditioned. This order can be none- other than that the road be established without the condition of paying the damages, or that, because of the failure to pay the damages awarded, the road be not established. An appeal is alloAved, not from the order establishing the road, but from the decision respecting the damages; and it must be taken Avitliin twenty days from the time the decision is made. Suppose the damages, upon the payment of Avhich the establishment of the road is conditioned,are paid within the time fixed for that purpose, but after twenty days from the conditional establishment of the road. Then no other order Avould be made, for it is only when the condition is not performed by the day fixed that the board is required to make a further, final and unconditional order. In such case, if appellants’ position be correct, there could be no appeal. No appeal would lie from the conditional order named in section 946, and, the condition being performed, the unconditional order named in section 947 Avould never be made.
In this case the plaintiff, in making out his case in chief, introduced a deed to himself, but failed to show title in his grantor.. The court did not err in permitting him to supply this omission, whether it resulted from inadvertence, mistake or ignorance. It would be a reproach to the law if it should deny a party the .right to supply such omissions. See Hubbell & Brother v. Ream, 31 Iowa, 289; Crane v. Ellis, Id., 510; Cannon v. Iowa City, 34 Iowa, 203; Donaldson v. The M. & M. R. R. Co., 18 Iowa, 280.
Affirmed.