Legal Opinion

Sinnett v. Moles

Supreme Court of Iowa

Decided December 17, 1873PublishedCited by 12 opinions

Appeal from Muscatine District dowrt. Action in chancery to enjoin the collection of a five per cent railroad tax, voted by the citizens of Bloomington township, Muscatine county, under the law of 1870, to aid the building of the Muscatine Western Railroad. One hundred and thirty other persons are joined with Sinnett, as plaintiffs. 5. Gf.

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Appeal from Muscatine District dowrt. Action in chancery to enjoin the collection of a five per cent railroad tax, voted by the citizens of Bloomington township, Muscatine county, under the law of 1870, to aid the building of the Muscatine Western Railroad. One hundred and thirty other persons are joined with Sinnett, as plaintiffs. 5. Gf. Stein and J. B. Dougherty, the first president, and the second treasurer of the railroad incorporation, organized to build the road mentioned, are made defendants. The petition alleges that the electors of the township voted the tax in question, to aid the…

1Opinion of the Court

Beck, Cm J.

— Many questions presented and discussed in tbe argument of counsel, in the view we take of one branch of the case, need not now be considered by us. In our opinion the charges of fraud made in the petition are of such a character as to defeat the right df defendants to collect and receive the tax, if they be established and are not sufficiently denied by the answer to authorise the dissolution of the injunction thereon.

i taxationroaií*- °eíec-" íoiit representations. I. It is charged that the signatures to the petition upon which the trustees ordered the vote, were, in many…

Also in this document: Dissent.

2Cases cited1 opinion

  1. De Godey v. GodeyCalifornia Supreme Court · 1870

3Cited by12 opinions

  1. Swan v. City of IndianolaSupreme Court of Iowa · 1909
  2. Wullenwaber v. DuniganNebraska Supreme Court · 1890
  3. Luce v. FenslerSupreme Court of Iowa · 1892
  4. McCaskill v. Connecticut Savings BankSupreme Court of Connecticut · 1891
  5. Nash v. BakerNebraska Supreme Court · 1893

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