Stokes v. County of Scott
Supreme Court of Iowa
Appeal from Scott District Court. ON the 24th. of December, 1858, the electors of the county of Scott, by a majority vote, authorized the county judge to subscribe $275,000 to the capital stock of the Davenport and Cedar Valley Railroad Company, and $100,000 to that of the Le Claire and Davenport Railroad Company. By this vote lie was also authorized to levy a tax to pay the principal and interest of the bonds, not to exceed one per cent in each case in any one year.
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Appeal from Scott District Court. ON the 24th. of December, 1858, the electors of the county of Scott, by a majority vote, authorized the county judge to subscribe $275,000 to the capital stock of the Davenport and Cedar Valley Railroad Company, and $100,000 to that of the Le Claire and Davenport Railroad Company. By this vote lie was also authorized to levy a tax to pay the principal and interest of the bonds, not to exceed one per cent in each case in any one year. On the 27th of the same month, these petitioners filed their petition for an injunction to restrain the county judge from…
1Opinion of the CourtWeight, C. J.
Several objections are made by the bill, and in the argument in this court, to the proceedings submitting these propositions to the people. The first in order is that which denies the right or power of the counties in this State to borrow money or subscribe to the stock of any company for the purpose in this vote contemplated. And this position I proceed to examine.
A brief recapitulation of the cases in which this question has been presented in this State may not be inappropriate. It first arose before our predecessors in Dubuque County v. The Dubuque and Pacific Railroad Company, 4 G. Greene…
2Cases cited5 opinions
- Clapp v. County of CedarSupreme Court of Iowa · 1857
- McMillan v. Lee CountySupreme Court of Iowa · 1856
- McMillen v. BoylesSupreme Court of Iowa · 1858
- Ring v. County of JohnsonSupreme Court of Iowa · 1858
- Dubuque Co. v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1853
3Cited by15 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Washington County v. WilliamsCourt of Appeals for the Eighth Circuit · 1901
- State ex rel. Burlington & Missouri River Railroad v. County of WapelloSupreme Court of Iowa · 1862
- Chamberlain v. Iowa Telephone Co.Supreme Court of Iowa · 1903
- McClure v. OwenSupreme Court of Iowa · 1868
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