M. & I. S. R. v. Hiams
Supreme Court of Iowa
Appeal from PEanoook District Gowrt. Action for a writ of mandamus requiring the defendants, as members of the board of supervisors of Hancock county, to levy a tax alleged to have been voted in four townships of said county to aid in the construction of the plamtilfi’s road. The petition avers that the clerks of the different elections made and delivered to the county auditor their respective certificates of the elections in due form of law.
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Appeal from PEanoook District Gowrt. Action for a writ of mandamus requiring the defendants, as members of the board of supervisors of Hancock county, to levy a tax alleged to have been voted in four townships of said county to aid in the construction of the plamtilfi’s road. The petition avers that the clerks of the different elections made and delivered to the county auditor their respective certificates of the elections in due form of law. Copies of the different certificates are set out and made part of the petition. The defendants demurred' upon the ground that the certificates set out…
1Opinion of the Court
Adams, Oh. J.
I. The appellant insists, in the first place, that the demurrer should have been overruled for the reason that it is not sufficiently specific.
Code, section 2649, provides that the demurrer shall specify the ground of the objection taken. The demurrer in this case does specify the ground of objection, and is, we think, sufficient in that respect.
II. The petition avers that the certificates of the elections were made in due form of'law. It .is claimed by the appellant that this averment is admitted by the demurrer. The whole ’-petition, however, must he construed together. The…
2Cited by3 opinions
- Sleeper v. KillionSupreme Court of Iowa · 1917
- Bartemeyer v. RohlfsSupreme Court of Iowa · 1887
- Bonaparte v. NelsonSupreme Court of Oklahoma · 1929