Legal Opinion

Allen v. City of Davenport

Supreme Court of Iowa

Decided December 17, 1898PublishedCited by 42 opinions

Appeal from Scott District Court.—Hon. C. AI. Waterman, Judge. Suit in equity to enjoin tlie defendant city from executing or carrying out a contract for paving and grading a street which runs through plaintiff’s land, from borrowing the money ■to pay the expenses of such work, from selling or negotiating ■any bonds based upon special assessments for the work, and from assessing, levying or collecting any special tax upon or against plaintiff’s land.

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Appeal from Scott District Court.—Hon. C. AI. Waterman, Judge. Suit in equity to enjoin tlie defendant city from executing or carrying out a contract for paving and grading a street which runs through plaintiff’s land, from borrowing the money ■to pay the expenses of such work, from selling or negotiating ■any bonds based upon special assessments for the work, and from assessing, levying or collecting any special tax upon or against plaintiff’s land. Plaintiffs claim that the land is used and occupied in good faith for agricultural purposes, and is exempt from liability for city taxes; that…

1Opinion of the CourtDeemer, C. J.

This action was originally commenced' by Ann B. Allen. After it had been pending some time, Mrs. Allen died, and plaintiffs succeeded to her interests. Mrs. Allen and her husband, Thomas Allen, some time deceased,. *94.held title to a tract of about two hundred acres of land, lying within the limits of the city of Davenport, and abutting ■upon a part of the platted portion thereof, under a trust •deed which gave them a life estate therein, remainder over to the children of Mrs. Allen, who are also plaintiffs in thip •case. A highway, known as the “Davenport and Le Claire Road,” runs through this…

2Cases cited38 opinions

  1. Law v. People ex rel. HuckIllinois Supreme Court · 1877
  2. Grant v. City of DavenportSupreme Court of Iowa · 1873
  3. City of Valparaiso v. GardnerIndiana Supreme Court · 1884
  4. City of Springfield v. EdwardsIllinois Supreme Court · 1877
  5. Quill v. City of IndianapolisIndiana Supreme Court · 1890

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3Cited by42 opinions

  1. Northwestern Laundry v. City of Des MoinesSupreme Court of the United States · 1916
  2. Windsor v. City of Des MoinesSupreme Court of Iowa · 1900
  3. Swanson v. City of OttumwaSupreme Court of Iowa · 1902
  4. City of Ottumwa v. City Water Supply Co.Court of Appeals for the Eighth Circuit · 1902
  5. King v. PortlandOregon Supreme Court · 1900

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

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