Sioux City Street Railway Co. v. City of Sioux City
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. This is a proceeding by certiorari to test the legality of the action of the city council of the defendant city in assessing a special tax on the property of plaintiff to pay the cost of paving portions of certain streets on which its railway tracks are situated. The district court- overruled a demurrer to the petition, and, the defendant electing to stand thereon, judgment was entered against it.
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Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. This is a proceeding by certiorari to test the legality of the action of the city council of the defendant city in assessing a special tax on the property of plaintiff to pay the cost of paving portions of certain streets on which its railway tracks are situated. The district court- overruled a demurrer to the petition, and, the defendant electing to stand thereon, judgment was entered against it. The facts are stated in the opinion.
1Opinion of the CourtReed, J.
Plaintiff is a corporation, the object of its organization, as expressed in its articles, being “to locate, construct, maintain and operate street and other railways within and adjacent to the city of Sioux City.” On the twelfth of December, 1883, the city council passed an ordinance granting and conferring upon plaintiff the right to locate, construct, operate and maintain a street railway in certain streets of the city, upon certain specified terms and conditions. Section 11 of the ordinance is as follows: “Whenever, by resolution of the common council, .any street or part of street on…
2Cases cited6 opinions
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Miller v. StateSupreme Court of the United States · 1873
- Sherman v. SmithSupreme Court of the United States · 1862
- City of Burlington v. Burlington Street Ry. Co.Supreme Court of Iowa · 1878
- City of Des Moines v. C., R. I. & P. R.Supreme Court of Iowa · 1875
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- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Iowa Railway & Light Co. v. Jones Auto Co.Supreme Court of Iowa · 1917
- Wall v. Bankers Life Co.Supreme Court of Iowa · 1929
- State ex rel. Keith v. Common CouncilIndiana Supreme Court · 1894
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
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