Legal Opinion

Collins v. Welch

Supreme Court of Iowa

Decided April 19, 1882PublishedCited by 14 opinions

Appeal from Lee Circuit Court. This action is brought against the board of supervisors and the treasurer of Lee county. The plaintiff is a resident and tax payer of Lee county, and as such complains of the defendant supervisors in that they compromised-a certain judgment obtained against the Commercial Bank of Keokuk for taxes, which bank he alleges was solvent, and able to pay the judgment.

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Appeal from Lee Circuit Court. This action is brought against the board of supervisors and the treasurer of Lee county. The plaintiff is a resident and tax payer of Lee county, and as such complains of the defendant supervisors in that they compromised-a certain judgment obtained against the Commercial Bank of Keokuk for taxes, which bank he alleges was solvent, and able to pay the judgment. He alleges that they had no power to make such compromise, and he prays for a writ of certiorari for the purpose of testing their power in this respect, and for the purpose of setting aside the pretended…

1Opinion of the CourtAdams, C. J.

1. BOARD of supervisors compromise of judgment. There is no pretense that the claim for taxes was not properly put in judgment, and no question is raised bi regal’d to the validity of the judgment, ^ bas now become a claim to be enforced by execnt}oni an(j ju our opinion stands upon the footing of any other judgment. The question, then, arises as to *73whether the board of supervisors has power to compromise a judgment. In our opinion it has. It is provided in section 303 of the Code, subd. 11, that county supervisors are “ to represent their respective counties, and to have the care and…

2Cases cited1 opinion

  1. Grimes v. Hamilton CountySupreme Court of Iowa · 1873

3Cited by14 opinions

  1. Oakman v. City of EvelethSupreme Court of Minnesota · 1925
  2. First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
  3. Washburn County v. ThompsonWisconsin Supreme Court · 1898
  4. State v. DavisSouth Dakota Supreme Court · 1898
  5. Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905

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