Meyer v. County of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. The plaintiff alleges that she owns lot No. 248 in the city of Dubuque, and that on the 1st day of January, 1874, she had no moneys or credits subject to taxation in said city; that the county of Dubuque through its officers, in the year 1874, assessed said lot at the valuation of $2,500, and levied a tax thereon of $56.25; and also assessed plaintiff with the sum of $7,200 for moneys and credits, and levied a tax thereon of $163.13; that…
Read the full summary
Appeal from Dubuque District Court. The plaintiff alleges that she owns lot No. 248 in the city of Dubuque, and that on the 1st day of January, 1874, she had no moneys or credits subject to taxation in said city; that the county of Dubuque through its officers, in the year 1874, assessed said lot at the valuation of $2,500, and levied a tax thereon of $56.25; and also assessed plaintiff with the sum of $7,200 for moneys and credits, and levied a tax thereon of $163.13; that about the 20th day of January, 1875,. plaintiff tendered to the defendant Williams, treasurer of Dubuque county, $56.25,…
1Opinion of the CourtDay, J.
I. It is very clear that the petition does not state facts entitling plaintiff to the relief demanded. Section 3373 •l^TAXATiojy: of the Code provides, that the action of mandamus practice. ’ is one brought to obtain an order commanding an inferior board or tribunal to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting from an office or trust; and where a discretion is left to the inferior tribunal, the mandamus can only compel it to act, but cannot control such discretion.
Section 829 of the Code provides a board of equalization, *594and section 831…
2Cited by8 opinions
- Griswold Land & Credit Co. v. County of CalhounSupreme Court of Iowa · 1924
- Burns v. McNallySupreme Court of Iowa · 1894
- Iowa Mutual Tornado Ins. Ass'n v. TimmonsSupreme Court of Iowa · 1960
- Missouri Valley & Blair Railway & Bridge Co. v. Harrison CountySupreme Court of Iowa · 1888
- Smith v. City of MarshalltownSupreme Court of Iowa · 1892
3 more not listed; retrieve them via the Exa API.