Stewart v. Bd. of Super. of Polk County
Supreme Court of Iowa
Appeal from Polk District Court. Petition in equity by tbe plaintiff, a property owner, against tbe board of supervisors of Polls: county, for an injunction to restrain tbe levy of a tax voted by tbe qualified electors of Des Moines and Lee townships respectively, in said county, under an act of the general assembly, approved April 12,1870, entitled “An act to enable townships, incorporated towns and cities to aid in the construction of railroads.”
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Appeal from Polk District Court. Petition in equity by tbe plaintiff, a property owner, against tbe board of supervisors of Polls: county, for an injunction to restrain tbe levy of a tax voted by tbe qualified electors of Des Moines and Lee townships respectively, in said county, under an act of the general assembly, approved April 12,1870, entitled “An act to enable townships, incorporated towns and cities to aid in the construction of railroads.” The petition was presented to the judge of the district court, lion. H. W. Maxwell, in vacation. The defendants appeared and filed an answer, and,…
1Opinion of the CourtMiller, J.
1. coHsmmrTXONAXiUAW: legislative acts, The case before us raises the question of the validity of chapter 102 of the laws of the thirteenth general assembly granting local aid to rkil- , J O O roads.
No question of superior importance and gravity is ever presented to the courts for adjudication than one involving the validity of an act of the legislative department of the government, and none demands more careful examination and serious consideration in its determination.
This is peculiarly true in this case, inasmuch as an act of like character to the one under consideration was held void by a…
2Cases cited47 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Fletcher v. PeckSupreme Court of the United States · 1810
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Stuart v. LairdSupreme Court of the United States · 1803
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3Cited by81 opinions
- Graham v. WorthingtonSupreme Court of Iowa · 1966
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Dickinson v. PorterSupreme Court of Iowa · 1948
76 more not listed; retrieve them via the Exa API.