Fleming v. Mershon
Supreme Court of Iowa
Appeal from Jasp&r District Cowrt. This action was commenced by the plaintiff in behalf of himself and numerous other persons, not named, to restrain, by injunction, the collection of a tax voted in aid of a railroad, by the voters of Newton township in Jasper county, Iowa. An order allowing the writ was made by Hon. John Mitchell, judge of the first circuit, of the fifth judicial district, and the writ was issued accordingly and served on the defendants.
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Appeal from Jasp&r District Cowrt. This action was commenced by the plaintiff in behalf of himself and numerous other persons, not named, to restrain, by injunction, the collection of a tax voted in aid of a railroad, by the voters of Newton township in Jasper county, Iowa. An order allowing the writ was made by Hon. John Mitchell, judge of the first circuit, of the fifth judicial district, and the writ was issued accordingly and served on the defendants. At the ensuing term of the district court in March, 1872, the defendants moved to dissolve the injunction and to strike from the petition…
1Opinion of the Court
Miller J.
— I. The first question presented by the record and arguments in this case is one of practice, viz.: Oan persons not named as parties in the pleadings bring the case to this court by appeal? In The State ex rel. Alderson v. Jones, 11 Iowa, 11, it is held that an appeal from an order of the district court can be taken only by a party to the action in which such order is made. In that case one Moore claimed that he had asked leave of the court to file an affidavit and motion affecting the proceedings in the case, which the court refused to allow him to do, and that he excepted. From…
2Cases cited7 opinions
- Robinson v. SmithNew York Court of Chancery · 1831
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Conyngham v. SmithSupreme Court of Iowa · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
- State v. BuralliNevada Supreme Court · 1903
- Town of Mechanicsville v. State Appeal BoardSupreme Court of Iowa · 1961
- American Plate Glass Co. v. NicosonIndiana Court of Appeals · 1905
- First State Bank v. OelkeSupreme Court of Iowa · 1910
7 more not listed; retrieve them via the Exa API.