Thompson v. Mitchell
Supreme Court of Iowa
Appeal from Hancock District Court.— Hon. C. H. Kelley, Judge. Action in equity toi restrain the defendant, as county treasurer, from enforcing against the property of plaintiff taxes levied for the construction of a ditch within a district including plaintiff’s lands.
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Appeal from Hancock District Court.— Hon. C. H. Kelley, Judge. Action in equity toi restrain the defendant, as county treasurer, from enforcing against the property of plaintiff taxes levied for the construction of a ditch within a district including plaintiff’s lands. Defendant’s answer, setting tip the proceedings under which the taxes had been levied, -was demurred to; and, on the overruling of the demurrer, plaintiff electing to stand on his petition and his demurrer, judgment was entered in favor of the defendant, from which plaintiff appeals.—
1Opinion of the Court
McClain, J.—
The proceedings for the establishment of the drainage district including plaintiff’s lands was instituted in 1893. Notice was given in 1894 to the plaintiff and all other owners of lands of the pendency of the proceed: ings, and that at a future date named objections to the establishment of the drainage district might be made; and subsequently the board of supervisors by resolution established the proposed drainage district, including therein the lands of plaintiff. In 1895 the tax complained of was levied, payable in annual installments, and a considerable part thereof has…
2Cases cited26 opinions
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Santo v. StateSupreme Court of Iowa · 1855
- McCoy v. AbleIndiana Supreme Court · 1892
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
- Morrill v. Mackman.Michigan Supreme Court · 1872
21 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Peverill v. Board of SupervisorsSupreme Court of Iowa · 1925
- Clifton Land Co. v. City of Des MoinesSupreme Court of Iowa · 1909
- Trustees of Green Bay Levee & D. Dist. v. AlexanderSupreme Court of Iowa · 1961
- Monaghan v. VanattaSupreme Court of Iowa · 1909
- Mackay v. Hancock CountySupreme Court of Iowa · 1908
12 more not listed; retrieve them via the Exa API.