Hanson v. Hunter
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. L. G. Kinne, Judge. The plaintiff, a resident taxpayer of the defendant city, brings this action to declare the revised ordinance number 21 of said city, and two written contracts made thereunder, between the city and William A. Hunter, null and void, and to enjoin the allowance or payment of any bills for the rent of electric lights out of the general fund of the city under said ordinance and contracts.
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Appeal from Benton District Court. — Hon. L. G. Kinne, Judge. The plaintiff, a resident taxpayer of the defendant city, brings this action to declare the revised ordinance number 21 of said city, and two written contracts made thereunder, between the city and William A. Hunter, null and void, and to enjoin the allowance or payment of any bills for the rent of electric lights out of the general fund of the city under said ordinance and contracts. The defendants demurred upon the grounds: “First. Because said petition does not state facts ■sufficient to constitute a cause of action. Second.…
1Opinion of the CourtGiven, J.
*7241. Municipal Spcs™s: ^notion: m" action.1 *723I. We first inquire as to the plaintiff’s right to maintain this action. It is contended that the *724petition fails to show any injury to him. It shows that he is a taxpayer on property in the defendant city; that under the ordinance and contracts set out the city is bound to pay rentals for electric street lights out of the general fund, instead of by special levy on the property benefited. Searle v. Abraham, 73 Iowa, 507, is cited in support of the demurrer. In that case a taxpayer sought to enjoin the city from making a second contract for lighting the…
2Cases cited3 opinions
- Des Moines Gas Co. v. City of Des MoinesSupreme Court of Iowa · 1876
- Dodge v. City of Council BluffsSupreme Court of Iowa · 1881
- Searle v. AbrahamSupreme Court of Iowa · 1887
3Cited by7 opinions
- Creston Waterworks Co. v. City of CrestonSupreme Court of Iowa · 1897
- City of Keokuk v. Fort Wayne Electric Co.Supreme Court of Iowa · 1894
- Tomlin v. Cedar Rapids & Iowa City Railway & Light Co.Supreme Court of Iowa · 1909
- Van Horn v. City of Des MoinesSupreme Court of Iowa · 1922
- Asplund v. City of Santa FeNew Mexico Supreme Court · 1926
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