King v. Wilson
U.S. Circuit Court for the District of Iowa
On motion for injunction. — This is a bill in •equity filed in the circuit court of the United States for the district of Iowa, asking for an injunction to restrain the collection of a railroad tax on the property of the complainants, situate in Marion township, Linn county, Iowa. The plaintiffs, several in number, .allege that they are, respectively, citizens of Kansas, Indiana, Ohio, and Missouri.
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On motion for injunction. — This is a bill in •equity filed in the circuit court of the United States for the district of Iowa, asking for an injunction to restrain the collection of a railroad tax on the property of the complainants, situate in Marion township, Linn county, Iowa. The plaintiffs, several in number, .allege that they are, respectively, citizens of Kansas, Indiana, Ohio, and Missouri. The •defendants are the county treasurer, and the township trustees and clerk. The bill alleges, in substance, that “the matters in controversy herein exceed the sum of five hundred dollars,…
1Opinion of the Court
DILLON, Circuit Judge.
This application presents a question of great moment, and one which both parties have joined in asking to have decided upon its merits.
The bill is brought upon the ground that the act of April 12, 1870 (Laws 1870, p. 105), authorizing townships, towns, and cities to vote a tax upon the property of all persons situated therein for the benefit of, and to *be absolutely given to, the railway company, whose road is intended to be aided, is void, because in conflict with the constitution of the United States, and that of the state of Iowa.
It is claimed to violate that…
2Cases cited10 opinions
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Hanson v. VernonSupreme Court of Iowa · 1869
- State ex rel. Burlington & Missouri River Railroad v. County of WapelloSupreme Court of Iowa · 1862
- McClure v. OwenSupreme Court of Iowa · 1868
- Chamberlain v. City of BurlingtonSupreme Court of Iowa · 1865
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3Cited by3 opinions
- Skirving v. National Life Ins.Court of Appeals for the Eighth Circuit · 1894
- Schulenberg-Boeckeler Lumber Co. v. Town of HaywardU.S. Circuit Court for the District of Western Wisconsin · 1884
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882