Cedar Rapids & Mo. River R. R. v. Boone County
Supreme Court of Iowa
Appeal from Greene District Oourt. The petition alleges that on tbe 3d day of June, 1863, a contract in writing was made and entered into between the county of Boone and tbe plaintiff, tbe material portion of wbicb is as follows: “Tbe county of Boone,in the State of Iowa, * * * for tbe purpose of making, or aiding in making, tbe Cedar Rapids and Missouri River railroad through said county of Boone, has tbis day bargained and sold, and by these presents does bargain and sell,…
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Appeal from Greene District Oourt. The petition alleges that on tbe 3d day of June, 1863, a contract in writing was made and entered into between the county of Boone and tbe plaintiff, tbe material portion of wbicb is as follows: “Tbe county of Boone,in the State of Iowa, * * * for tbe purpose of making, or aiding in making, tbe Cedar Rapids and Missouri River railroad through said county of Boone, has tbis day bargained and sold, and by these presents does bargain and sell, to tbe said party of tbe second part, all and singular tbe interest, rights, privileges and powers wbicb tbe said…
1Opinion of the CourtDay, J.
1. Board of supervisors: county: swamp lands: elections. I. As to the authority of the board of supervisors toi call a special election for the purpose of submitting the question of the ratification of the contract. Appellant insists that such question can be submitted only at a general election, or at a special election called for some other pur*49pose in the mode authorized by law; and that the board of supervisors have no power to call a special election for the purpose of submitting such question for ratification. The argument possesses some plausibility, but is believed not to be sound.…
2Cases cited1 opinion
- Yant v. BrooksSupreme Court of Iowa · 1865
3Cited by2 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895