Woodworth v. Gibbs
Supreme Court of Iowa
Appeal from Palo Alto Circuit Court. Action of certiorari brought to test tbe validity of certain taxes voted in different townships in Palo Alto county to aid in the construction of a certain railroad. The plaintiffs are tax-payers, one of whom owns property in each township, respectively. The persons made defendants comprise the present county supervisors, the county auditor, and county treasurer.
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Appeal from Palo Alto Circuit Court. Action of certiorari brought to test tbe validity of certain taxes voted in different townships in Palo Alto county to aid in the construction of a certain railroad. The plaintiffs are tax-payers, one of whom owns property in each township, respectively. The persons made defendants comprise the present county supervisors, the county auditor, and county treasurer. The petition sets up the fact of the vote, the- levy of the taxes, and the attempt to collect the same by the county-treasurer; and, as ground for the issuance of the writ prayed for, it sets, up…
1Opinion of the CourtAdams, J.
i practice: testvSidity joinder8:ofMS" causesf. dn — The .defendants insist that the plaintiffs, being each a taxpayer in a different township, cannot properly unite ™ an acHon of certiorari to test the validity of the taxes in the different townships. And we have to say that it appears to us that their position is well taken. They are not interested in defeating the same taxes. They do not, therefore, seek the same relief, but only a similar relief. The plaintiffs’ theory, doubtless, was that while it is true that the taxes sought to be defeated by each are different from those sought to be…
2Cases cited3 opinions
- Chew v. Bank of BaltimoreCourt of Appeals of Maryland · 1859
- Farrell v. TaylorMichigan Supreme Court · 1863
- Thaxter v. WestonMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- Oregon Railroad v. Umatilla CountyOregon Supreme Court · 1905
- Reiff v. PortlandOregon Supreme Court · 1914
- Blodgett v. McVeySupreme Court of Iowa · 1906
- Rich County v. BaileyUtah Supreme Court · 1916
- Polk v. IrwinSupreme Court of Iowa · 1921
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