Stone v. County of Woodbury
Supreme Court of Iowa
Appeal from Woodbury Circuit Court. Action to recover of defendant road taxes paid by plaintiff which were levied by Sioux City township. A demurrer to defendant’s answer was sustained. The defendant standing upon its answer, judgment was rendered for plaintiff. Defendant appeals. The facts of the case appear in the opinion.
1Opinion of the Court
Beck, Ch. J.
— I. The petition seeks to recover upon an order issued by the auditor of Woodbury county upon the treasurer of the county, directing him to refund to plaintiff road taxes levied by Sioux City township for the years 1814,, *5231875 and 1876, and collected from plaintiff. Upon presentation of the order to the treasurer it was not paid for want of funds. It appears, though the fact is not set out in the pleadings, that in an action by another plaintiff, wherein the plaintiff in this case was not a party, the taxes levied by the township were declared illegal.
The answer of defendant…
2Cases cited2 opinions
- Lauman v. County of Des MoinesSupreme Court of Iowa · 1870
- Butler v. Board of SupervisorsSupreme Court of Iowa · 1877
3Cited by8 opinions
- Kelley v. RhoadsWyoming Supreme Court · 1898
- Board of Com'rs v. Searight Cattle Co.Wyoming Supreme Court · 1892
- Dickey v. County of PolkSupreme Court of Iowa · 1882
- Powder River Cattle Co. v. Board of County Com'rsWyoming Supreme Court · 1892
- Pacific Mutual Life Insurance v. County of San DiegoCalifornia Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.