Allen v. City of Davenport
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Iowa. On December 9, 1901, the city of Davenport exhibited its bill of complaint against William Bussell Allen, Elizabeth D. Donaldson, Thomas Allen, George W. Allen, Annie L. A. Chauvenet, Alice N. A. Atwater, and Annie Bussell Allen, who are the appellants in case No. 1,974, in the district court of Scott county, state of Iowa.
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Appeal from the Circuit Court of the United States for the Southern District of Iowa. On December 9, 1901, the city of Davenport exhibited its bill of complaint against William Bussell Allen, Elizabeth D. Donaldson, Thomas Allen, George W. Allen, Annie L. A. Chauvenet, Alice N. A. Atwater, and Annie Bussell Allen, who are the appellants in case No. 1,974, in the district court of Scott county, state of Iowa. For convenience the city of Davenport will hereafter be termed the “plaintiff” and the appellants in case No. 1,974 will be tfermed the “defendants.” The case was subsequently removed to…
1Opinion of the CourtThayer, Circuit Judge
The appellants — that is to say, William Russell Allen and others —who will be hereafter termed the “defendants,” contend that the city of Davenport was not entitled to a decree charging their property, as it was charged, with a lien for the cost of paving and curbing the street in controversy, because it was adjudged by the Supreme Court of Iowa in the suit brought by them against the city to enjoin the prosecution of the work that it was done under color of a contract which the city had no power to make; also because it was adjudged in the same case that the contract under which the street…
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