Legal Opinion

Hoy v. Drainage District Number Thirty-Four

Supreme Court of Iowa

Decided February 15, 1921PublishedCited by 2 opinions

Appeal from Buena Yista District Court. — D. F. Coyne, Judge. Action in equity for a writ of mandamus to compel the defendant board of supervisors of Buena Yista County to issue warrants for a balance claimed to be due plaintiff on the construction of a drainage improvement, and also to compel said board of supervisors to levy a tax upon the property of the district for the purpose of providing funds with which to pay the balance due plaintiff under a contract for the…

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Appeal from Buena Yista District Court. — D. F. Coyne, Judge. Action in equity for a writ of mandamus to compel the defendant board of supervisors of Buena Yista County to issue warrants for a balance claimed to be due plaintiff on the construction of a drainage improvement, and also to compel said board of supervisors to levy a tax upon the property of the district for the purpose of providing funds with which to pay the balance due plaintiff under a contract for the construction of the drainage improvement. Decree as prayed, except the prayer of the petition asking a writ to compel…

1Opinion of the CourtStevens, J.

í dbains * re- ' óntidefaS-raot' paymen». — I. The plaintiff, W. J. Hoy, doing business under the name and style of W. J. Hoy Company, on June 22, 1915, entered into a contract with the defendant board of super-'v'isors for the benefit of Drainage District No. ^4to complete the work of excavating a certain main ditch located and established by the board of supervisors of Buena Yista County. The contract for the construction of the improvement in question was originally let to Forrestal & Feyen, on or about April 8, 1914. Forrestal & *1103Fey en undertook to do the work, but, during the progress…

2Cases cited5 opinions

  1. Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
  2. Kern v. WilsonSupreme Court of Iowa · 1891
  3. Telegraph v. LeeSupreme Court of Iowa · 1904
  4. Rivers v. RiversSupreme Court of Iowa · 1885
  5. Hall v. State ex rel. RenardNebraska Supreme Court · 1898

3Cited by2 opinions

  1. First National Bank v. Board of SupervisorsSupreme Court of Iowa · 1935
  2. Fredrickson v. RichardsSupreme Court of Iowa · 1923

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