West v. Whitaker
Supreme Court of Iowa
Appeal from Blade HcmTc District Court. Friday, December 12. This is a suit in equity to enjoin tbe collection of a tax voted in aid of tbe Burlington, Cedar Rapids & Minnesota Railroad. A temporary injunction was allowed. On tbe final trial, tbe injunction was dissolved and tbe petition dismissed at tbe cost of plaintiffs. The plaintiffs appeal. The material facts are sufficiently set out in the opinion, in connection with the points ruled thereon.
1Opinion of the CourtCole, J.
1. Taxation. I. The first point made, as entitling the plaintiff to the injunction, is, that the petition under which the township trustees submitted to the voters of the township the question of voting the tax, was not signed by one-third the resident tax payers of the township. Very much of the evidence in the case, and of the arguments of counsel, have been directed to the question of fact, as to whether the petition was signed by the requisite one-third. But this fact becomes immaterial, for that we have heretofore held, that after the township trustees have decided that the petition for…
2Cited by10 opinions
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- Cary v. Simpson, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1931
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