Durant v. Kauffman
Supreme Court of Iowa
Appeal from, Scott District Cov,rt. These are actions in chancery, prosecuted by the several plaintiffs, to restrain the city of Davenport from the collection of certain municipal taxes assessed and levied upon certain real estate within the corporate limits of the city. Decrees were rendered by the district court in each case restraining the collection of the taxes upon the property of the plaintiffs, involved in the respective actions.
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Appeal from, Scott District Cov,rt. These are actions in chancery, prosecuted by the several plaintiffs, to restrain the city of Davenport from the collection of certain municipal taxes assessed and levied upon certain real estate within the corporate limits of the city. Decrees were rendered by the district court in each case restraining the collection of the taxes upon the property of the plaintiffs, involved in the respective actions. The defendants appeal. the facts of the several cases appear in the opinion. (
1Opinion of the Court
Beck, Ch. J.
I. The same questions of law are involved in all of these cases. They relate to the right of the city to tax real estate within its limits which, it is claimed, partakes of a rural or suburban character, and is not, for that reason, subject to municipal assessments. The same legal principles are applicable to, and must determine each case. The facts relating to the situation and character' of the respective real estate involved in the different actions are not identical, though closely resembling. In the application of the law to the several cases the differences and distinction…
Also in this document: Dissent.
2Cases cited1 opinion
- Morford v. UngerSupreme Court of Iowa · 1859
3Cited by13 opinions
- State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Turner v. AlthausNebraska Supreme Court · 1877
- Farwell v. Des Moines Brick Manufacturing Co.Supreme Court of Iowa · 1896
- McKinney v. McClureSupreme Court of Iowa · 1928
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