127 Iowa 469 | Iowa | 1905
Plaintiff, who is a married woman, is tbe owner of six lots in tbe city of Marion, and on or about tbe 8th day of September, 1902, tbe said city, through its proper officers and agents, made a special assessment against each of said lots for paving, curbing, and guttering a street in front thereof in tbe sum of $175.38, or, in tbe aggregate, tbe sum
Before going to the facts relating to this proposition, we shall notice the law with respect thereto. Section 820 of the Code provides, in substance, that, when the making of any street improvement shall have been completed the cit|y council shall ascertain the cost thereof, and shall also ascertain what portion of such cost shall be by law .and the resolution under which the improvement was made assessable upon abutting property, and the council shall then assess such portions upon and against said property as provided by law. Section 821 provides for the preparation by the council of a plat of the street which was improved, showing the lots subject to assessment, the homes of the owners thereof, and the amount to be assessed against each lot, and shall file said plat with the city clerk for the inspection of the public. Section 823 provides that after the filing of this plat and schedule the council shall give at least ten days’ notice by publication in each of two newspapers published in the city, and by handbills posted in conspicuous places along the line of the street improvement, that said plat and schedule
Plaintiff’s contention that the assessment was made without authority of law is not sustained by the evidence. The city council "had authority to make the assessment, and in so far as this case is concerned it made an assessment according to benefits, and not arbitrarily, as appellant contends. There is no showing that the council adopted the front-foot rule, and the presumption, of course, is that it followed the statute, and assessed .according to benefits. Authorities cited by appellant from other States are not in point, for it does not appear in any of them that they were decided under statutes similar to our own; and, if it did, 'there was a showing in each case either that no assessment was in fact made or that the one made was in palpable and gross violation of law. The Lindquist Case, supra, announces the rule for this State. Plaintiff lost her remedy, if any she had, by not appearing before the council, and, if not successful there, bjy appealing to the district court. Through her failure to so appear she, in the language of the statute, “ waived all errors, irregularities, and inequalities
There is no error in the decree of the trial court, and it is affirmed.