Legal Opinion

Meader v. Incorporated Town of Sibley

Supreme Court of Iowa

Decided July 14, 1921PublishedCited by 1 opinion

Appeal from Osceola District Court. — William Hutohinson, Judge. Action to declare certain proceedings of the conncil of the incorporated town of Sibley, Iowa, to be null and void, and to declare a contract for construction of certain paving to be void, and seeking to enjoin the defendants from acting under said alleged invalid proceedings of the town council.

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Appeal from Osceola District Court. — William Hutohinson, Judge. Action to declare certain proceedings of the conncil of the incorporated town of Sibley, Iowa, to be null and void, and to declare a contract for construction of certain paving to be void, and seeking to enjoin the defendants from acting under said alleged invalid proceedings of the town council. A general equitable demurrer to plaintiffs’ petition was sustained, and the plaintiffs elected to stand upon their .petition, and from the judgment and decree dismissing the same prosecute this appeal.

1Opinion of the CourtFaville, J.

Appellants are residents of the incorporated town of Sibley, Iowa, and taxpayers therein. Certain proceedings were had by the town council of the said incorporated town for the purpose of paving certain streets in said town, the cost of which it was proposed to assess against property owners. Appellants instituted this action for the purpose of declaring the proceedings that had been taken by the town council to be illegal and void, and to enjoin the appellees from proceeding further in regard to said matter. A demurrer to the appellants ’ petition was sustained; and the sole question for our…

2Cases cited14 opinions

  1. Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
  2. Nixon v. City of BurlingtonSupreme Court of Iowa · 1908
  3. Chicago, Milwaukee & St. Paul Railway Co. v. PhillipsSupreme Court of Iowa · 1900
  4. Shaver v. J. W. Turner Improvement Co.Supreme Court of Iowa · 1912
  5. In re Appeal of AppleSupreme Court of Iowa · 1913

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3Cited by1 opinion

  1. Lundberg v. City of Lake CitySupreme Court of Iowa · 1922

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