Legal Opinion

Chamberlain v. City of Burlington

Supreme Court of Iowa

Decided January 8, 1865PublishedCited by 13 opinions

Appeal from Des Moines District Court. This is a suit in equity, brought by Elisha Chamberlain, and three other citizens of and property owners within the city of Burlington, Iowa, against the city of Burlington, and the mayor, alderman and treasurer, by their respective individual names, and as officers of said city.

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Appeal from Des Moines District Court. This is a suit in equity, brought by Elisha Chamberlain, and three other citizens of and property owners within the city of Burlington, Iowa, against the city of Burlington, and the mayor, alderman and treasurer, by their respective individual names, and as officers of said city. The plaintiffs aver in the petition, that they are citizens and residents of the city of Burlington, and are each owners of real and personal property within the city, liable to taxation for 0% purposes, by the proper authorities of said city; that on the 19th day of May, 1856,…

1Opinion of the CourtCole, J.

The charter of the city of Burlington was enacte'd and approved June 10th, 1845, and may be found in the “Laws of Iowa,” passed at the extra session of 1845, ch. 54, p. 73. It is conceded by the respective counsel in this case, that if the city of Burlington had the authority to loan its credit, such authority is found in section 27, quoted supra. The charter is quite lengthy, and in view of the agreement of counsel, as to the clause upon which the authority is based, it is not necessary to set the charter out at length, especially, since upon an examination of it, we are agreed in thg fact…

2Cases cited3 opinions

  1. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  2. Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
  3. State ex rel. Floyd v. Mayor of KeokukSupreme Court of Iowa · 1865

3Cited by13 opinions

  1. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  2. Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
  3. State Farm Fire & Casualty Co. v. RowlandCourt of Appeals of Georgia · 1965
  4. Swanson v. City of OttumwaSupreme Court of Iowa · 1906
  5. Woodbine Savings Bank v. TylerSupreme Court of Iowa · 1917

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