Cook v. City of Independence
Supreme Court of Iowa
Appeal from Buchanan District Court. — ■ Hon. A. S. Blair, Judge. From the action, of the city council of the defendant town in levying an assessment for the construction of a sewer in front of plaintiff’s property,.plaintiff appealed to the district court. Upon trial in that court the assessment was canceled and set aside, and defendant appeals.—
1Opinion of the Court
Deemer, J.—
The proposed improvement was authorized by ordinance, which it is claimed was passed by the city council in July of the year 1900. Claim is made that this ordinance was not legally adopted. The records of the city council show the following with reference thereto:
t
Council Chamber, Independence, Iowa.
July 11th, 1900.
Roll call: Members all present except Councilmen O’Brien and Blamer. ... ‘A bill for an ordinance to provide for the construction of sewers in the city of Independence, Iowa, to regulate the use of the same and establishing a sewer district,’ was then presented and read.…
2Cases cited12 opinions
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Brown v. City of DenverSupreme Court of Colorado · 1884
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Marion Water Co. v. City of MarionSupreme Court of Iowa · 1903
- Jacksonville Railway Co. v. City of JacksonvilleIllinois Supreme Court · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Farmers Telephone Co. v. Town of WashtaSupreme Court of Iowa · 1912
- Sutton v. MentzerSupreme Court of Iowa · 1912
- Van Der Veer v. State Ex Rel. HerronIndiana Court of Appeals · 1929
4 more not listed; retrieve them via the Exa API.