Ottumwa Brick & Construction Co. v. Ainley
Supreme Court of Iowa
Appeal from Wapello District Court. — HoN. M. A. Roberts, Judge. .Action in equity to recover amount due on certificates issued for paving assessments, and to establish liens therefor. Various defenses were set up in the answers, some of which have1 been abandoned. We shall note fully in the opinion the matters pressed in argument. Prom a decree in plaintiff’s favor, defendants appeal.
1Opinion of the CourtWateRMAN, J.
The proceedings adopted for the levy <o£ the tax in question are not complained of prior to1 the acceptance of plaintiff’s bid for the work. The resolution ordering this improvement contained the following provision: 1 “That all work shall be let upon contract, which shall obligate the contractors to accept such .certificates, whether indorsed or not, in full compensation for the work and labor of all such improvements except as to the intersections of streets, highways, avenues, and spaces opposite alleys or improvements in front, of city property and all property not subject to special…
2Cases cited11 opinions
- Tuttle v. PolkSupreme Court of Iowa · 1894
- City of Marshalltown v. ForneySupreme Court of Iowa · 1883
- Bucroft v. City of Council BluffsSupreme Court of Iowa · 1884
- City of Burlington v. QuickSupreme Court of Iowa · 1877
- Dempsey v. City of BurlingtonSupreme Court of Iowa · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Lightner v. Board of SupervisorsSupreme Court of Iowa · 1909
- Martin v. City of OskaloosaSupreme Court of Iowa · 1905
- Morse v. Tillotson & Wolcott Co.Court of Appeals for the Second Circuit · 1918
- Allen v. City of DavenportCourt of Appeals for the Eighth Circuit · 1904
4 more not listed; retrieve them via the Exa API.