Porter v. Thomson
Supreme Court of Iowa
Appeal from Dubuque District Court. This action is brought under sections 3275, 3276, of the Revision, charging the defendants, who compose the city council of the city of Dubuque, with the failure to levy a special tax to pay a judgment in plaintiff’s favor, after being duly requested, etc. Yerdict for plaintiff. Motion for a new trial sustained, and the plaintiff appeals.
1Opinion of the CourtWright, J.
1. Instructions: disregard of : new tiral. The new trial was ashed, and given, because the jury disregarded the instructions and the evidence, and because the verdict was contrary to both. Many and very important questions are discussed by counsel, important not only to the parties to this controversy, but in their bearing upon the rights of all judgment creditors of municipal corporations. For the following reasons, we propose to do no more than to state some general views bearing upon the questions involved.
I. In the firat place, one member of the court (Mr. Justice Cole) was not present at…
2Cases cited3 opinions
- Santo v. StateSupreme Court of Iowa · 1855
- Savery v. BusickSupreme Court of Iowa · 1861
- Oswald v. ThedingaSupreme Court of Iowa · 1864
3Cited by10 opinions
- Cook v. Marshall CountySupreme Court of Iowa · 1903
- State v. GibsonSupreme Court of Iowa · 1919
- State v. Hutchinson Ice Cream Co.Supreme Court of Iowa · 1914
- Iowa-Nebraska Light & Power Co. v. City of VilliscaSupreme Court of Iowa · 1935
- Iowa Railroad Land v. County of SacSupreme Court of Iowa · 1874
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