French v. City of Burlington
Supreme Court of Iowa
Appeal from, Des Moines District Court. The petition states that plaintiffs are residents of the city of Burlington, and. that said city is in debt over and above the constitutional limit; that a certain street tax levy has been made by the city authorities which is illegal and void, and that certain contracts have been made by the city for grading certain named streets and an indebtedness thereby incurred over and beyond the current revenues of the city, and that the same…
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Appeal from, Des Moines District Court. The petition states that plaintiffs are residents of the city of Burlington, and. that said city is in debt over and above the constitutional limit; that a certain street tax levy has been made by the city authorities which is illegal and void, and that certain contracts have been made by the city for grading certain named streets and an indebtedness thereby incurred over and beyond the current revenues of the city, and that the same is therefore illegal and void; that the plaintiffs are owners of abutting property on the streets thus to be graded, a…
1Opinion of the Court
Seevers, Ch. J.
It will be seen from the statement of the case that three questions arise:
1. Whether the contracting of an indebtedness by the city for the necessary improvement of the streets is within the constitutional inhibition.
2. Whether the indebtedness thus contracted can be paid out of the current revenues.
3. Whether the contracts are legal and binding on the plaintiffs, as abutting property owners.
These questions will be considered in the order above stated.
*6171. municipal corporations: indebtedness: constitutional law. . I. The constitutional provision is as follows: “ Noununicipal…
2Cases cited3 opinions
- Coy v. City Council of Lyons CitySupreme Court of Iowa · 1864
- Arnold v. City of CambridgeMassachusetts Supreme Judicial Court · 1871
- Davies v. BeadleSupreme Court of Iowa · 1873
3Cited by45 opinions
- McNeal v. City of WacoTexas Supreme Court · 1895
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Overall v. City of MadisonvilleCourt of Appeals of Kentucky · 1907
- State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
- City of Laporte v. Gamewell Fire Alarm Telegraph Co.Indiana Supreme Court · 1896
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