City of Clinton v. Walliker
Supreme Court of Iowa
Appeal from Clinton District Court.Judge. -Hon. P. B. Wolfe, The defendant Walliker is the owner of a lot in the city of Clinton. This is an action to recover of said defendant the first installment, being one-fifth of an assessment made against the said defendant and his lot for grading, guttering, and paving the street upon which his lot abuts, and to establish the said assessment as a lien upon the lot. There was a trial to the court and a decree for the plaintiff.
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Appeal from Clinton District Court.Judge. -Hon. P. B. Wolfe, The defendant Walliker is the owner of a lot in the city of Clinton. This is an action to recover of said defendant the first installment, being one-fifth of an assessment made against the said defendant and his lot for grading, guttering, and paving the street upon which his lot abuts, and to establish the said assessment as a lien upon the lot. There was a trial to the court and a decree for the plaintiff. Defendants appeal.
1Opinion of the CourtRothrock, C. J.
There is no dispute that the street in front of appellant’s lot was improved, as set *656out in the petition. No objection to the improvement appears to have been made by the defendant, nor by other property owners along the street, until this action was brought to enforce the payment of the assessment. On the contrary, the making of the improvement is admitted. The defenses against the assessment, as set up in the answer, and an amendment thereto, are, in substance, as follows: (1) A denial “that due notice of said assessment was given to all persons interested, or that said pretended assessment…
2Cases cited5 opinions
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- State v. SquiresSupreme Court of Iowa · 1868
- Boardman v. BeckwithSupreme Court of Iowa · 1865
- Davis v. City of Des MoinesSupreme Court of Iowa · 1887
- Tuttle v. Polk & HubbellSupreme Court of Iowa · 1891
3Cited by33 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Ferry v. CampbellSupreme Court of Iowa · 1900
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Allen v. City of DavenportSupreme Court of Iowa · 1898
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