Legal Opinion

State ex rel. Howe v. Mayor of Des Moines

Supreme Court of Iowa

Decided October 9, 1897PublishedCited by 26 opinions

Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action for mandamus to compel the city council of the city of Des Moines to levy a tax for the purpose of creating a sinking .fund to- build a library building in said city, and to compel -said city council to levy a tax for the maintenance of a library. Jury waived, trial to the court, and judgment for defendants for costs. Plaintiff appeals.

1Opinion of the CourtEjnne, C. J.

I. The conceded facts in this case are as follows: The city of Bes Moines, a city o-f the first class, in 1882, by a vote of its electors, accepted the provisions of the statute of this state relating to- the establishment and maintenance of free public libraries, and had, in the ex-ercise of the powers conferred upon it, established and was maintaining such a library. In pursuance of law, a board of library trustees had been appointed and was exercising the powers and duties imposed upon it. On July 31, 1896, said board - of trustees did fix -and determine a rate of taxation of one mill on…

2Cases cited14 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  3. People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
  4. People ex rel. McCagg v. Mayor of ChicagoIllinois Supreme Court · 1869
  5. People ex rel. Dunham v. MorganIllinois Supreme Court · 1878

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3Cited by26 opinions

  1. Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
  2. State ex rel. White v. BarkerSupreme Court of Iowa · 1902
  3. Richards v. City of MuscatineSupreme Court of Iowa · 1975
  4. Fevold v. Board of SupervisorsSupreme Court of Iowa · 1926
  5. Wulf v. City of Kansas CitySupreme Court of Kansas · 1908

21 more not listed; retrieve them via the Exa API.

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