Ryan v. Varga
Supreme Court of Iowa
Appeal from Decatur District Oourt. Thursday, September 18. On the 17th day of September, 1872, J. S. Ryan and seventy others, whose names are set out in full, filed their petition stating their cause of action substantially, as follows : Plaintiffs are tax payers of Center township, in said Decatur county; the defendant Varga is the treasurer of said county, and the other defendant is a railroad corporation.
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Appeal from Decatur District Oourt. Thursday, September 18. On the 17th day of September, 1872, J. S. Ryan and seventy others, whose names are set out in full, filed their petition stating their cause of action substantially, as follows : Plaintiffs are tax payers of Center township, in said Decatur county; the defendant Varga is the treasurer of said county, and the other defendant is a railroad corporation. That on August 30, 1870, at a special election therefor, in said township, a tax of five per cent was voted to aid the Chillicothe, Leon & Des Moines Railroad, and the tax was duly…
1Opinion of the CourtCole, J.
I. Ve neither discuss or decide the question respecting parties, because our ruling upon the demurrer disposes of the entire case. As to a kindred question relating to parties, see the discussion in the case of Fleming v. Mershon, 36 Iowa, 414; 7 West. Jur. 309, et seq.
II. It is averred that the petition for the election to vote the tax was not signed by one-third of the resident tax payers of the township, as the law requires. This is followed by the averment that the incorporated town of Leon is situated within Center township, and that half the signers to the petition resided in said town.…
2Cases cited1 opinion
- Cooper v. SunderlandSupreme Court of Iowa · 1856
3Cited by27 opinions
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- Galusha v. WendtSupreme Court of Iowa · 1901
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Brocaw v. Board of CommissionersIndiana Supreme Court · 1881
- Oliver v. Monona CountySupreme Court of Iowa · 1902
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