Polk v. McCartney
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. The defendants, except the treasurer of Polk county, constitute the city council of Des Moines, Iowa.
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Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. The defendants, except the treasurer of Polk county, constitute the city council of Des Moines, Iowa. The petition shows that the plaintiff is the owner of lots 7 and' 8 in block 8, in the original town of Port Des Moines, now a part of the city of Des Moines; “that said council exceeded its jurisdiction in this: that on the tenth’ day of October, 1893, at a session of .said council, an order was made by said council assessing against said lot seven (7), the sum of three hundred and seventy-two* dollars and thirty-two cents…
1Opinion of the CourtGranger, J.
1 I. The point is first presented' that this case is barred by the statute of limitation. The chapter of the Code of 1873 providing for the proceedings by writ of certiorari contains a section as follows: “Sec. 3224. No writ shall be granted after twelve months have elapsed from the time the inferior court, tribunal, board, or officer has, .as alleged, exceeded his proper jurisdiction, or has otherwise .acted illegally.” The resolution ordering the pavement in question was passed by the city council April 7,1893, and the petition in this action was filed August 11, 1894, being more than…
2Cases cited4 opinions
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
- Remey v. Board of EqualizationSupreme Court of Iowa · 1890
- Osburn v. City of LyonsSupreme Court of Iowa · 1897
- Shepard v. Supervisors of Johson CountySupreme Court of Iowa · 1887
3Cited by10 opinions
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- Comstock v. City of Eagle GroveSupreme Court of Iowa · 1907
- Lightner v. Board of SupervisorsSupreme Court of Iowa · 1909
- Sergeant Bluff-Luton School District v. City Council of Sioux CitySupreme Court of Iowa · 2000
- Watson v. City of SalemOregon Supreme Court · 1917
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