NEWMIRE v. MAXWELL

No. 53126.

161 N.W.2d 74 (1968)

Robert R. and Donna M. NEWMIRE, Plaintiffs, v. B. J. MAXWELL, Judge of the 8th Judicial District of Iowa, Defendant.

Supreme Court of Iowa.

September 5, 1968.


Attorney(s) appearing for the Case

John D. Randall, Cedar Rapids, for plaintiffs.

Richard C. Turner, Atty. Gen., Robert N. Merillat, Special Asst. Atty. Gen., Ames, and O'Rieley & Rosser, Cedar Rapids, for defendant.


GARFIELD, Chief Justice.

We granted certiorari to review an order of defendant judge made April 23, 1968, requiring plaintiffs Robert R. and Donna M. Newmire to surrender possession to Iowa State Highway Commission on or before May 6 of property which included their dwelling taken by eminent domain for public highway purposes.

Plaintiffs' claims of illegality in making the order may be boiled down to one: it violates section 472.26, Code 1966, quoted infra...

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