Legal Opinion

Hawley v. City of Fort Dodge

Supreme Court of Iowa

Decided October 28, 1897PublishedCited by 3 opinions

Appeal from Webster District Count. — Hon. B. P. Birdsall, Judge. Action to enjoin the collection of an assessment for the cost of constructing a temporary sidewalk in front of lots owned by plaintiff in the defendant city. Decree for plaintiff, and the defendants appealed.

1Opinion of the CourtGranger, J.

The Defendants, other than the city, are the treasurer of the city and the treasurer of the county. In 1873 the city council of Fort Dodge adopted an ordinance of which the following is a part: “The city council may, by resolution passed by two-thirds of the whole number of councilmen composing such council, order the laying of a temporary plank sidewalk at a cost not to exceed forty cents per lineal foot, and may require the same to be kept in repair. Such temporary sidewalk shall be laid upon the natural surface as near as practicable without regard to grade, until the street wherein they…

2Cases cited2 opinions

  1. Ford v. Town of North Des MoinesSupreme Court of Iowa · 1890
  2. Trustees of Griswold College v. City of DavenportSupreme Court of Iowa · 1885

3Cited by3 opinions

  1. Dumars v. City of DenverColorado Court of Appeals · 1901
  2. City of Denver v. DunningSupreme Court of Colorado · 1905
  3. Dumars v. City of DenverColorado Court of Appeals · 1901

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