(DOWNLOAD) "Board v. Board" by Supreme Court Of Iowa. # eBook PDF Kindle ePub Free
eBook details
- Title: Board v. Board
- Author : Supreme Court Of Iowa.
- Release Date : January 14, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This action was tried and submitted to Judge Hutchison, who died before determining it. By agreement of the parties, Judge Snell then decided the case from the record and the transcript. Having been tried as an equitable action, as provided by section 12442, Code, 1939, it is triable de novo on appeal, upon all issues of law and fact, whether passed upon by the trial court or not. Austin & Spicer v. Carpenter, 2 (Greene) Iowa 131, 134, 135; Manning v. Ottumwa Auto Co., 210 Iowa 1182, 1187, 232 N.W. 501; Geil v. Babb, 214 Iowa 263, 267, 242 N.W. 34; Board of Supervisors v. Board of Trustees, 221 Iowa 337, 344, 264 N.W. 702. The Boyer River is the outlet for the watershed of all of the drainage districts, both plaintiff and defendant. The stream has its source in Buena Vista county and flows in a southwesterly direction diagonally across Sac, Crawford, and Harrison counties into Pottawattamie county, where it empties into the Missouri River. Commencing at the mouth of the river and going upstream, the first drainage district is the Harrison-Pottawattamie District No. 1. The upper end of its main ditch is a short distance north of the south line of Harrison county. This district is not involved in this litigation, but the main ditch of the plaintiff district empties into the upper end of the main ditch of the first-mentioned district. The main ditch in Boyer Sub-Drainage District No. 1 is a little over six miles long and extends in a northeasterly direction. This district was established in 1908 and contains within it the Euclid [234 Iowa Page 125]
 "Board v. Board" by Supreme Court Of Iowa. # eBook PDF Kindle ePub Free){kind=link}