Durst v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Chas. S. Bradshaw, Judge. Action in equity to set aside a certain special assessment on 'real estate in the city of Des Moines, and to enjoin the collection thereof. The defendants’ demurrer to the petition having been sustained, and plaintiff electing to stand on his pleading without amendment, the action was dismissed, at his costs, and he appeals.
1Opinion of the CourtWeaver, J.
Lot 1 in Shepard’s addition to the city of Des Moines fronts to the east on East Second street, and is bounded on its north side by Maple street. Lot 18 lies immediately south of said lot 1, fronting also upon East Second street, and is bounded on the south side by Shepard street. The plaintiff owns the east one-half of the lots so designated, and has no interest in or title to the west half thereof. In the year 1907 the city caused East Second street at this point to be curbed, and for the expense thus created a special assessment of $32.45 was laid upon each tract. In the following year,…
2Cases cited20 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Spencer v. MerchantSupreme Court of the United States · 1888
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Ballard v. HunterSupreme Court of the United States · 1907
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tjaden v. Town of WellsburgSupreme Court of Iowa · 1924
- Manning v. City of AmesSupreme Court of Iowa · 1921
- Ellyson v. City of Des MoinesSupreme Court of Iowa · 1917
- Miller v. City of SheldonSupreme Court of Iowa · 1924
- Lytle v. City of Sioux CitySupreme Court of Iowa · 1924
7 more not listed; retrieve them via the Exa API.