Scott v. Union County
Supreme Court of Iowa
Appeal from Wapello District Oowrt. Plaintiffs are resident freehold tax-payers in Crestón township, Union eonnty. They bring this action in equity to enjoin the collection of a five per cent tax on the property in said township, voted in aid of the Des Moines, Crestón & Kansas City Railway. The action was brought originally in the circuit court of Union county, but was afterward changed to the district court of Wapello county.
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Appeal from Wapello District Oowrt. Plaintiffs are resident freehold tax-payers in Crestón township, Union eonnty. They bring this action in equity to enjoin the collection of a five per cent tax on the property in said township, voted in aid of the Des Moines, Crestón & Kansas City Railway. The action was brought originally in the circuit court of Union county, but was afterward changed to the district court of Wapello county. Defendants filed a demurrer to the petition, which was sustained as to certain paragraphs of the petition, and overruled as to others. Defendants elected to stand on…
1Opinion of the CourtReed, J.
1. Appeal to Supreme Court: from ruling on demurrer.: not allowed to one not prejudiced. I. As the district court determined that the petition stated a cause of action in favor of plaintiffs, and granted them all the relief demanded, they have no grounds ot complaint as to the action oi the court in sustaining the demurrer to- some of the paragraphs of the pleading. The ruling on the demurrer, so far -as it was adverse to plaintiffs, did not determine the rights of the parties to the relief or remedy asked, and an appeal will not lie from it. Richards v. Burden, 31 Iowa, 305. Wo will,…
2Cases cited2 opinions
- Richards v. BurdenSupreme Court of Iowa · 1871
- Dumphy v. Supervisors of Humboldt CountySupreme Court of Iowa · 1882
3Cited by5 opinions
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Butterfield v. TreichlerSupreme Court of Iowa · 1901
- Webster City Steel Radiator Co. v. ChamberlinSupreme Court of Iowa · 1908
- Supervisors Mitchell County v. HortonSupreme Court of Iowa · 1888
- Isbell v. Board of SupervisorsSupreme Court of Iowa · 1952