City of Davenport v. Mississippi & Missouri Railroad
Supreme Court of Iowa
Appeal from Scott District Court. This is an amicable suit, founded upon an agreed state of facts, tbe purpose of which is to obtain a judicial determination of the question, whether the plaintiff for the yeár 1862 possessed the power to levy and collect a tax upon the property of the defendant for general municipal purposes, that is to say, upon the road bed, depot grounds and buildings situated within the city limits, and the rolling stock belonging to the road or company.
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Appeal from Scott District Court. This is an amicable suit, founded upon an agreed state of facts, tbe purpose of which is to obtain a judicial determination of the question, whether the plaintiff for the yeár 1862 possessed the power to levy and collect a tax upon the property of the defendant for general municipal purposes, that is to say, upon the road bed, depot grounds and buildings situated within the city limits, and the rolling stock belonging to the road or company. The facts agreed upon essential to the consideration of the question submitted are, that the city assessment of the…
1Opinion of the CourtLowe, J.
The judge making this decision below, is now a member of this Court and adheres to his former opinion, having with him the concurrence of one other member of this Court, whilst the two remaining members are of the opinion that such power is wanting and cannot be exercised in the manner proposed. The effect of this division of sentiment is to affirm the judgment below. As the Court, however, unite in holding that the plaintiff has no power to tax the rolling stock of said company for revenue purposes (although upon different grounds), it will be necessary to overrule the plaintiff’s appeal,…
2Cases cited8 opinions
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
- McCormick v. RuschSupreme Court of Iowa · 1863
- Tallman v. Treasurer of Butler CountySupreme Court of Iowa · 1861
- Lefevre v. Mayor of DetroitMichigan Supreme Court · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- Iowa Homestead Co. v. Webster CountySupreme Court of Iowa · 1866
- Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.Supreme Court of Iowa · 1879
- State v. Houston & T. C. Ry. Co.Court of Appeals of Texas · 1918
- Scales v. MarshallTexas Supreme Court · 1902
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