Dist. Twp. of Spencer v. Dist. Twp. of Riverton
Supreme Court of Iowa
Appeal from Clay District Court. This action is an equitable one, and was commenced on the fifteenth day of October, 1881. The petition alleges, in substance, that for the year 1872 an illegal school tax was levied upon the district township of Spencer, and collected and paid over to the treasurer of said district township; that the territory now included in the defendants then formed a part of the territory of the plaintiff', and that, in the year 1874, the defendants were…
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Appeal from Clay District Court. This action is an equitable one, and was commenced on the fifteenth day of October, 1881. The petition alleges, in substance, that for the year 1872 an illegal school tax was levied upon the district township of Spencer, and collected and paid over to the treasurer of said district township; that the territory now included in the defendants then formed a part of the territory of the plaintiff', and that, in the year 1874, the defendants were formed out of said territory;- that the boards of directors of the plaintiff and the defendants made an equitable…
1Opinion of the Court
Day, Ch. J.
I. It is insisted that the statute of limitations does not apply to equitably actions. That this is not the rule in this state was determined in Relf v. Eberly, 23 Iowa, 467.
II. The plaintiff insists that the bar of the statute is removed, under section 2537 of the Code, by the failure of the original action without negligence in its prosecution, and the commencement of this action within six months afte.’ the determination of the former action in the supreme court. *32Whilst the time for the commencement of the action may have been extended under this section, it cannot be claimed…
2Cases cited3 opinions
- Baker v. Johnson CountySupreme Court of Iowa · 1871
- Relf v. EberlySupreme Court of Iowa · 1867
- District Township of Spencer v. District Township of RivertonSupreme Court of Iowa · 1881
3Cited by9 opinions
- Jacobs v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1892
- Pardey v. Inc. Town of MechanicsvilleSupreme Court of Iowa · 1897
- Ryan v. Phoenix InsuranceSupreme Court of Iowa · 1927
- Cooley v. MaineSupreme Court of Iowa · 1918
- Garst v. BrutscheSupreme Court of Iowa · 1905
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