Legal Opinion

Chambliss v. Johnson

Supreme Court of Iowa

Decided May 22, 1889PublishedCited by 6 opinions

Appeals from Muscatine District Court. — How. C. M. Watebmaw, Judge. The plaintiffs and appellants are the owners of land upon which assessments were made to pay for the construction of a levee on the west bank of the Mississippi river from a point in Muscatine county, near the city of Muscatine, to a point near Port Louisa, in Louisa county.

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Appeals from Muscatine District Court. — How. C. M. Watebmaw, Judge. The plaintiffs and appellants are the owners of land upon which assessments were made to pay for the construction of a levee on the west bank of the Mississippi river from a point in Muscatine county, near the city of Muscatine, to a point near Port Louisa, in Louisa county. The plaintiffs appealed from an order assessing their lands to the district court, where trials were had, and the assessments were held to be valid. The defendants are the auditor and board of supervisors of Muscatine county; Plaintiffs appeal.

1Opinion of the CourtRothrock, J.

1. levees: cost: lands indireetly benefited. I. In the case of Richman v. Board, etc., 70 Iowa, 627, it was held that an assessment made to pay for the construction of the levee m question was void, upon x . _ , grounds not necessary to be repeated here. After that assessment was made the general assembly passed a curative act, by which the construction of the levee was legalized, and provision made for an assessment of the costs thereof upon the lands adjacent thereto and benefited thereby. See chapter 17, Acts, 1886. An assessment was made under the act, and from said assessment appeals…

2Cases cited3 opinions

  1. Richman v. Board of SupervisorsSupreme Court of Iowa · 1885
  2. Teegarden v. City of RacineWisconsin Supreme Court · 1883
  3. Dickson v. City of RacineWisconsin Supreme Court · 1884

3Cited by6 opinions

  1. Oliver v. Monona CountySupreme Court of Iowa · 1902
  2. Zinser v. Board of SupervisorsSupreme Court of Iowa · 1907
  3. Chicago & Northwestern Railway Co. v. Board of SupervisorsSupreme Court of Iowa · 1916
  4. Prichard v. Board of SupervisorsSupreme Court of Iowa · 1911
  5. Allerton v. Monona CountySupreme Court of Iowa · 1900

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