Legal Opinion

Buell v. Ball

Supreme Court of Iowa

Decided April 17, 1866PublishedCited by 23 opinions

Appeal from, Clinton District Court. This is an action of replevin brought by tbe plaintiff, to recover certain articles of personal property from the defendant, seized by him as marshal of Lyons city, for the payment of certain taxes. The taxes for the payment of which the property was seized, accrue upon "three different bases: First, city and engine tax upon certain agricultural lands; Second, sidewalk tax upon certain property; and Third, grading tax upon other property.

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Appeal from, Clinton District Court. This is an action of replevin brought by tbe plaintiff, to recover certain articles of personal property from the defendant, seized by him as marshal of Lyons city, for the payment of certain taxes. The taxes for the payment of which the property was seized, accrue upon "three different bases: First, city and engine tax upon certain agricultural lands; Second, sidewalk tax upon certain property; and Third, grading tax upon other property. The cause was tried to the court, certain facts found and judgment rendered for the return of the property, or at…

1Opinion of the CourtCole, J.

1. taxex municipal corporartion The plaintiff was, and still is, the owner of about two hundred and ten acres of land, lying in one ^0CVi an^ within the original limits of Lyons City, as defined by the act of the legislature incorporating it. This land was taxed by the city authorities in 1860 and 1861, for city and engine tax, under the following descriptions, viz.: “ S. E. J of N. W. h Sec. 30, T. 82, R. 7, 40 acres;” “N. E. ¿ of S. W. h Sec. 30, T. 82, E. 7, 40 acres; ” “N. W. J of S. E. 1, Sec. 30, T. 82, E. 7, 40 acres;” “N. part, S. E. J of S. W. J, Sec. 30, T. 82, E. 7, 28 acres; ” “N.…

2Cases cited4 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Morford v. UngerSupreme Court of Iowa · 1859
  3. Macklot v. City of DavenportSupreme Court of Iowa · 1864
  4. Armington v. Towns of BarnetSupreme Court of Vermont · 1843

3Cited by23 opinions

  1. Huston v. City of Des MoinesSupreme Court of Iowa · 1916
  2. People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
  3. Strosser v. City of Fort WayneIndiana Supreme Court · 1885
  4. Allen v. City of DavenportSupreme Court of Iowa · 1898
  5. Schmidt v. City of IndianapolisIndiana Supreme Court · 1907

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