Scofield v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie Gireuit Court. The plaintiffs bring tbis action as assignees of one Moore, and of one Flageolle, who, it is averred, performed labor for the defendant city in filling certain streets to grade, for which labor, it is averred, the defendant became_ indebted to the plaintiffs’ assignors.
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Appeal from Pottawattamie Gireuit Court. The plaintiffs bring tbis action as assignees of one Moore, and of one Flageolle, who, it is averred, performed labor for the defendant city in filling certain streets to grade, for which labor, it is averred, the defendant became_ indebted to the plaintiffs’ assignors. The defendant does not deny tlie performance of the labor, but avers that the cost of the same was assessed upon abutting lots, and that certificates of assessment were issued to Moore and Flageolle, whereby they became entitled to collect the assessment, and that they agreed to accept…
1Opinion of the Court
Adams, Ch. J.
1. cities and ofV^aciingSt’ sessmenton abutting lots. I. The plaintiffs do not deny the issuance of the certificates as averred, but they aver that the same kave 110 va^ity, because the city had no power to as®ess the abutting lots for the work in ques-ti°n- The first question to be determined is as ^ ^gj^gp t]le cfty pa(J p0wer< The statute provides for assessing upon abutting lots the cost of paving a street, but does not expressly provide for assessing upon abutting lots the cost of filling a street to grade. On the other hand, the cost of filling to-grade is payable out of…
2Cases cited1 opinion
- Bucroft v. City of Council BluffsSupreme Court of Iowa · 1884
3Cited by17 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- State v. Van TasselSupreme Court of Iowa · 1897
- Thomson v. Town of EltonWisconsin Supreme Court · 1901
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