Legal Opinion

Patterson v. Baumer

Supreme Court of Iowa

Decided June 13, 1876PublishedCited by 23 opinions

Appeal from Iowa District Court. This is an action in chancery to restrain the collection of taxes levied upon the lands of plaintiffs, to pay for the construction of a ditch intended to drain certain ponds and wet land. The work was authorized and performed, and the taxes levied, by virtue of proceedings had before the supervisors of the proper county, pursuant to Chap. 120, Acts Fourteenth Gen. Ass.

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Appeal from Iowa District Court. This is an action in chancery to restrain the collection of taxes levied upon the lands of plaintiffs, to pay for the construction of a ditch intended to drain certain ponds and wet land. The work was authorized and performed, and the taxes levied, by virtue of proceedings had before the supervisors of the proper county, pursuant to Chap. 120, Acts Fourteenth Gen. Ass. Code, §§ 1207-1216. A demurrer to the petition was sustained, and the relief therein prayed for was refused. Plaintiffs appeal. The further facts of the case, so far as they are necessary to an…

1Opinion of the CourtBeck, J.

The questions arising in this case may be more conveniently and briefly disposed of by considering the objections urged by plaintiffs’ counsel to the taxes and proceedings under which they were levied. It is insisted that these objections are made to appear in plaintiffs’ petition and are based upon alleged illegal acts of the county authorities, *479which render the taxes illegal and void.' In pursuing this course we will find it necessary to refer to the- allegations of the petition charging want of compliance with the law, which defeats the taxes sought to be enjoined, in connection with the…

2Cases cited6 opinions

  1. Motz v. City of DetroitMichigan Supreme Court · 1869
  2. Bissell v. CouchaineOhio Supreme Court · 1846
  3. Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
  4. C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
  5. City of Evansville v. PfistererIndiana Supreme Court · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Lent v. TillsonCalifornia Supreme Court · 1887
  2. Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
  3. Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
  4. Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
  5. Oliver v. Monona CountySupreme Court of Iowa · 1902

18 more not listed; retrieve them via the Exa API.

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