Legal Opinion

City of Indianola v. Jones

Supreme Court of Iowa

Decided June 15, 1870PublishedCited by 5 opinions

Appeal from Warren Circuit Court. Wednesday, July 27. This action was originally brought before a justice of the peace to recover the cost of constructing a sidewalk in front of a lot belonging to the M. E. church. There was a jury trial before the justice, resulting in a verdict and judgment for defendant. On appeal to the circuit court there was another jury trial, resulting there in a verdict and judgment for plaintiff for $60. The defendant now appeals to this court.

1Opinion of the Court

Cole, Ch. J.

The plaintiff, to maintain the action, introduced and had sworn as a witness, John A. Andrews, who testified that he was a member of the city council of Indianola at the time the sidewalk in question was built, and was one of the committee on streets and sidewalks, and had authority to make arrangements to build walks. The witness was then asked, “ What arrangement was made between you and defendant for the purpose of building a sidewalk in front of the lots belonging to the Methodist Episcopal church ? state fully.” The defendant objected to the question being answered, because…

2Cases cited1 opinion

  1. City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864

3Cited by5 opinions

  1. City of St. Louis v. FosterSupreme Court of Missouri · 1873
  2. Duntz v. Ames Cemetery Ass'nSupreme Court of Iowa · 1922
  3. Wayman v. City of CherokeeSupreme Court of Iowa · 1927
  4. Duncombe v. City of Fort DodgeSupreme Court of Iowa · 1874
  5. Griggs v. KimballSupreme Court of Iowa · 1876

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