Jordon v. Hayne
Supreme Court of Iowa
Appeal from Henry District Oourt. This is a certiorari proceeding. The defendants are trastees of Center township, in "Wapello county, and plaintiff is a tax payer of tbe same township.
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Appeal from Henry District Oourt. This is a certiorari proceeding. The defendants are trastees of Center township, in "Wapello county, and plaintiff is a tax payer of tbe same township. Under the provisions of chap. 102, acts thirteenth General Assembly, an election was ordered by the trustees, defendants herein, upon the question of levying a tax of one and one-half of one per centum upon the taxable property of the township to aid in the construction of the St. Louis & Cedar Rapids Railroad. The vote at this election was in favor of the tax. This proceeding is brought to review and set…
1Opinion of the Court
Beck, Ch. J.
— Upon the questions involved in the case we reach the following conclusions, which we briefly state:
I. The defendants insist that certiorari is not the proper proceeding in which the questions raised by the petition may be determined. We think differently. The action of the township trustees was of a judicial or quasi judicial character, and whether it was illegal or without jurisdiction may be determined in this proceeding. See McCord v. High, 24 Iowa, 345; Edgar v. Greer, 14 id. 211; Parks v. The Mayor of Boston, 8 Pick. 218; Wood v. Peak, 8 Johns. 69; The People v. Mayor of…
2Cases cited7 opinions
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- McCord v. HighSupreme Court of Iowa · 1868
- Smith v. Board of SupervisorsSupreme Court of Iowa · 1870
- Wood v. PeakeNew York Supreme Court · 1811
- Gates v. LounsburyNew York Supreme Court · 1823
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- Roesch v. HenryOregon Supreme Court · 1909
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