Legal Opinion

Robinson v. C. A. Grant & Son

Supreme Court of Iowa

Decided February 10, 1903PublishedCited by 4 opinions

Appeal from Pocahontas District Court. — Hon. W. B. Quarton, Judge. The plaintiff alleged, in the first count of the petition* that, as treasurer of the county, “he is informed and duly apprised, and therefore believes: That the defendants on January 1, 1895, had certain personal property, consisting of moneys and credits, which they willfully and fraudulently failed, neglected, and refused to list and return to-the assessors of the town of Rolfe, Pocahontas county* Iowa,…

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Appeal from Pocahontas District Court. — Hon. W. B. Quarton, Judge. The plaintiff alleged, in the first count of the petition* that, as treasurer of the county, “he is informed and duly apprised, and therefore believes: That the defendants on January 1, 1895, had certain personal property, consisting of moneys and credits, which they willfully and fraudulently failed, neglected, and refused to list and return to-the assessors of the town of Rolfe, Pocahontas county* Iowa, where they resided, and the said property, as herein described, was fraudulently withheld by said defendants; said…

1Opinion of the CourtLadd, J.

The ruling" on the demurrer, in so far as it questioned the constitutionality of section. 1374 of the Code, or held such section not to be retroactive, is conceded to have been contrary to the subsequent decisions of this court. Galusha v. Wendt, 114 Iowa, 597; Lambe v. McCormick, 116 Iowa, 169; Bersheim v. Arnd, 117 Iowa, 83; Bell v. Stevens, 116 Iowa, 451.

i pleadingsmísTspedfy deíeds. But appellee insists that the demurrer was properly sustained on other grounds, to wit: (1) The petition omitted to allege as a fact that defendants failed to list their property, and it is not identified; (2)…

2Cases cited7 opinions

  1. Galusha v. WendtSupreme Court of Iowa · 1901
  2. Beresheim v. ArndSupreme Court of Iowa · 1902
  3. Lambe v. McCormickSupreme Court of Iowa · 1902
  4. Davidson v. BiggsSupreme Court of Iowa · 1883
  5. Bell v. StevensSupreme Court of Iowa · 1902

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

3Cited by4 opinions

  1. State Ex Rel. Schlegel v. MunnSupreme Court of Iowa · 1933
  2. Bourne v. ColeWyoming Supreme Court · 1938
  3. Dean v. AtkinsonSupreme Court of Iowa · 1926
  4. Slafter v. Concordia Fire InsuranceSupreme Court of Iowa · 1909

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