Legal Opinion

Snell v. City of Fort Dodge

Supreme Court of Iowa

Decided April 17, 1877PublishedCited by 12 opinions

Appeal from Webster Circuit Court. Action in equity to restrain the collection of city taxes on certain real property belonging to the plaintiff, situate within the corporate limits of the defendant, on the grounds, as stated in the petition: 1. That there never was an assessment made by an assessor elected for or appointed by the city, and returned as provided by law, on which to predicate a levy. 2. That the city council never caused the levy to be certified to the board…

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Appeal from Webster Circuit Court. Action in equity to restrain the collection of city taxes on certain real property belonging to the plaintiff, situate within the corporate limits of the defendant, on the grounds, as stated in the petition: 1. That there never was an assessment made by an assessor elected for or appointed by the city, and returned as provided by law, on which to predicate a levy. 2. That the city council never caused the levy to be certified to the board of supervisors as provided by law. 3. That the county auditor on bis own motion and without authority of law placed said…

1Opinion of the CourtSeevbrs, J.

The defendant was duly incorporated as early as the 2d. day of December, 1869, on which day the council .held their first meeting. On May 2, 1870, ail assessor was ^appointed by such council, and-on the 16th day of said month he duly qualified as such.

Previous to the incorporation the territory embraced in the city limits formed a part of Wahkonsa township, and the said assessor in listing and assessing the property in the city copied from the assessment made in said township for 1869, and in no other way or manner was the value of the property ascertained.

One Smith was the duly elected and…

2Cases cited4 opinions

  1. Hill v. WolfeSupreme Court of Iowa · 1870
  2. Iowa Railroad Land v. Carroll CountySupreme Court of Iowa · 1874
  3. West v. WhitakerSupreme Court of Iowa · 1873
  4. Parsons v. ChildsSupreme Court of Iowa · 1872

3Cited by12 opinions

  1. Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
  2. City of Tampa v. KaunitzSupreme Court of Florida · 1897
  3. German Savings Bank v. TrowbridgeSupreme Court of Iowa · 1904
  4. Vaughn v. School District Thirty-OneOregon Supreme Court · 1895
  5. Younker Brothers, Inc. v. ZirbelSupreme Court of Iowa · 1943

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