Fleming v. Mershon
Supreme Court of Iowa
Appeal from Jasp&r District Cowrt. This action was commenced by the plaintiff in behalf of himself and numerous other persons, not named, to restrain, by injunction, the collection of a tax voted in aid of a railroad, by the voters of Newton township in Jasper county, Iowa. An order allowing the writ was made by Hon. John Mitchell, judge of the first circuit, of the fifth judicial district, and the writ was issued accordingly and served on the defendants.
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Appeal from Jasp&r District Cowrt. This action was commenced by the plaintiff in behalf of himself and numerous other persons, not named, to restrain, by injunction, the collection of a tax voted in aid of a railroad, by the voters of Newton township in Jasper county, Iowa. An order allowing the writ was made by Hon. John Mitchell, judge of the first circuit, of the fifth judicial district, and the writ was issued accordingly and served on the defendants. At the ensuing term of the district court in March, 1872, the defendants moved to dissolve the injunction and to strike from the petition…
1Dissent
Cole, J\,
dissenting. — I do not concur in the premises, reasoning or conclusion of the foregoing opinion.
The petition of the plaintiffs is entitled as follows— “ A. J. Fleming for the use of Wm. R. Skiff et al. v. J. R. Mershon et al.” Among other averments, the petition contains the following : “ And your petitioner further alleges that the ques*421tion presented by this petition is one of common or general interest to many persons, residents and tax payers of said Newton township, and it is impracticable, therefore, to bring them all before the coart in this action, and for that reason,…
2Cases cited4 opinions
- Harward v. St. Clair & Monroe Levee & Drainage Co.Illinois Supreme Court · 1869
- Ridgely v. BondCourt of Appeals of Maryland · 1862
- State v. ButterworthSupreme Court of Iowa · 1855
- Scott ex rel. Bolenbaugh v. GrangerSupreme Court of Iowa · 1856