25 Iowa 214 | Iowa | 1868
In such a case, the Constitution, in my opinion, gives the land owner a right to have his damages assessed by a jury; the appraisers are not such a jury as the Constitution contemplates; in truth, they are no jury at all. Bill of Rights, §§ 9, 18; City of Des Moines v. Layman, supra.
The board of supervisors are not constituted a jury. In the present case the amount of damages to which the plaintiff is entitled has never been determined by a jury,
It is claimed by the appellees that there- is no order or decision of the board from which an appeal lies. Rev. § 267.
Under these orders, no course was left the plaintiff but to accept the thirty dollars which had been awarded to him by the appraisers or to appeal.
The proceedings before the board are not required to be formal; and their minutes or brief record are, as to form, to be liberally regarded.
It is not necessary that the plaintiff should have gone before the board and made a motion to set aside the report of the appraisers in order to give him the right to appeal.
The board have no power to render any judgment for the amount awarded by the appraisers.
The orders made by the board affected the rights of the plaintiff; and on the appeal which he prosecuted, he was entitled to have his damages assessed by a jury. Rev. § 267.
It was not necessary that the plaintiff should have gone before the board and formally “ claimed ” an appeal. It is sufficient if he gives the bond required by the statute. Rev. § 267.
Reversed.