Bradley & Nicoulin v. Love
Supreme Court of Iowa
Appeal from Hancock District Court: — Hon. John B. Cleland, Judge. This action is founded upon nine orders issued .by tbe township clerk of Erin township, Hancock county, to the supervisors of highways in certain road districts in the township. A writ of mandamus was demanded to compel the defendants, who are the township trustees and clerk of said township, to pay said orders out of the road funds of said township, and to levy a tax for that purpose.
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Appeal from Hancock District Court: — Hon. John B. Cleland, Judge. This action is founded upon nine orders issued .by tbe township clerk of Erin township, Hancock county, to the supervisors of highways in certain road districts in the township. A writ of mandamus was demanded to compel the defendants, who are the township trustees and clerk of said township, to pay said orders out of the road funds of said township, and to levy a tax for that purpose. The cause was tried to the court, and j udgment entered for plaintiffs, and an order was made that the orders in suit should be paid by…
1Opinion of the CourtRothrock, J.
— The orders in controversy were made in pursuance of section 997 of the Code, which provides that, if there should be no money in the treasury on *398final settlement with the supervisors of the road districts, the trustees shall order the clerk to issue orders for the amount due the supervisors, and these orders shall be numbered with the number of the district to which they belong, and shall be received the same as money in the payment of highway tax in the district to which they are issued. Township road funds are levied by the trustees. The amount levied shall not be less than one mill nor…
2Cases cited2 opinions
- Henderson v. SimpsonSupreme Court of Iowa · 1877
- Tobin v. Township of EmmetsburgSupreme Court of Iowa · 1879
3Cited by3 opinions
- California Highway Commission v. BallardCalifornia Court of Appeal · 1926
- Howegler v. GreinerSupreme Court of Iowa · 1893
- Miller v. HinkeSupreme Court of Iowa · 1907