Dittoe v. City of Davenport
Supreme Court of Iowa
Appeal from, Scott District Court. — Hon. A. J. Leeeingwell, Judge. The plaintiff seeks to recover a tax alleged to kave been paid by Ms assignor, under, protest. Tke defendant filed an answer in six divisions, tke last of wkich contained a counter-claim for tke amount of tke tax in controversy, made under sections 478 and 479 of tke Code. Plaintiff demurred to tke answer. Tke demurrer was sustained as to tke first five divisions, and overruled as to tke sixtk.
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Appeal from, Scott District Court. — Hon. A. J. Leeeingwell, Judge. The plaintiff seeks to recover a tax alleged to kave been paid by Ms assignor, under, protest. Tke defendant filed an answer in six divisions, tke last of wkich contained a counter-claim for tke amount of tke tax in controversy, made under sections 478 and 479 of tke Code. Plaintiff demurred to tke answer. Tke demurrer was sustained as to tke first five divisions, and overruled as to tke sixtk. Botk parties electing to stand on tkeir pleadings, judgment was rendered in favor of defendant for cost's. Both parties appeal; the…
1Opinion of the CourtRobinson, J.
It appears from the facts- admitted of record that the tax in controversy was levied under the provisions of an ordinance of defendant, passed by virtue of chapter fifty-four of the Acts of the Sixteenth General Assembly, for the construction of a sewer. The sewer was ordered and constructed during 1878, and the tax in question assessed by resolution adopted November 6 of that year. The plaintiff’s assignor, one Dessaint, owned the tract of land on which this tax was assessed, and paid the same, under protest, on the twenty-eighth day of February, 1879. Before payment, the city collector had…
2Cases cited4 opinions
- City of Burlington v. QuickSupreme Court of Iowa · 1877
- Trustees of Griswold College v. City of DavenportSupreme Court of Iowa · 1885
- Winzer v. City of BurlingtonSupreme Court of Iowa · 1886
- City of Chariton v. HollidaySupreme Court of Iowa · 1882
3Cited by10 opinions
- County of Fresno v. MalmstromCalifornia Court of Appeal · 1979
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Tuttle v. PolkSupreme Court of Iowa · 1894
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Lightner v. Board of SupervisorsSupreme Court of Iowa · 1909
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