Barthel v. Meader
Supreme Court of Iowa
Appeal from Winneshiek District Court. Action in chancery to enjoin the collection of a four per cent tax, voted in 1883, to aid tbe construction of the Chicago, Decorah & Minnesota Bail way. A decree was entered granting the relief prayed for by plaintiff. oDefendants appeal.
1Opinion of the CourtBeck, J.
I. The railroad corporation in whose aid the tax was voted, before the construction of its road, when only about $1,900 had been expended in its construction, transferred by lease,'which is in effect perpetual, the contemplated road to the Burlington, Cedar Bapids & Northern- Bailway Company. The statute under which the tax was levied was repealed by chapter 159 of the acts of the Twentieth General Assembly. Subsequent to this repeal the taxes were levied, having been before voted.
II. This court has held, if money be expended, before the repeal of the statute, upon the faith of the tax, the…
2Cases cited1 opinion
- Burges v. MabinSupreme Court of Iowa · 1886
3Cited by2 opinions
- Hornbeck v. Brown & NicholsSupreme Court of Iowa · 1894
- Cantillon v. Dubuque & Northwestern Railway Co.Supreme Court of Iowa · 1889