Iowa City v. Johnson County
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. S. H. Fair all, Judge. Action at law to recover of the county an amount of money which it is claimed the treasurers thereof unlawfully retained as compensation for collecting certain taxes’for the plaintiff during the years 1880 to 1890, inclusive.
Read the full summary
Appeal from Johnson District Court. — Hon. S. H. Fair all, Judge. Action at law to recover of the county an amount of money which it is claimed the treasurers thereof unlawfully retained as compensation for collecting certain taxes’for the plaintiff during the years 1880 to 1890, inclusive. The defenses are that the money was voluntarily paid under a mistake of law and cannot be recovered back, that the money was distributed and paid out of the county treasury before this action was commenced, and that the action is barred by the statute of limitations. The case was tried to the court on an…
1Opinion of the CourtDeemer, J.
This case was originally submitted at the October, 1894, term, and an opinion was filed on the twenty-first day of January, 1895, affirming the judgment of the court below. This opinion will be found in 61 N. W. Rep. 995. Thereafter a petition for a re-he'aring was granted, and the case was re-submitted upon additional arguments. We have now discovered that we had no jurisdiction of the case at the time the original opinion was filed, for the reason that the abstract did not show service of a notice of appeal upon the clerk of the district court. Since the re-hearing was granted, the…
2Cited by5 opinions
- Aetna Life Insurance v. StrykerIndiana Court of Appeals · 1905
- Bockes v. Union Mutual Casualty Co.Supreme Court of Iowa · 1929
- City of Fargo v. Cass CountyNorth Dakota Supreme Court · 1916
- Coe College v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Morgan v. Jasper CountySupreme Court of Iowa · 1937