Heath v. Albrook
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. W. S. Kenyon, Judge. The plaintiffs are residents and taxpayers of Hardin county, this state, and bring this action in equity for an injunction to restrain the payment of moneys, for an accounting, and judgment in favor of Hardin county, against defendant Albrook and certain other of the defendants, on account of moneys alleged to have been wrongfully received by them out of the county treasury.
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Appeal from Hardin District Court. — Hon. W. S. Kenyon, Judge. The plaintiffs are residents and taxpayers of Hardin county, this state, and bring this action in equity for an injunction to restrain the payment of moneys, for an accounting, and judgment in favor of Hardin county, against defendant Albrook and certain other of the defendants, on account of moneys alleged to have been wrongfully received by them out of the county treasury. The material facts in < the case are not in serious dispute, and we state them as briefly as may be: On May 7, 1900, the firm of Fleener, Carnahan &…
1Opinion of the Court
Bishop, <T.
i taxation-property: con-attorney-1 compensation. The question of the validity of the contract entered into between the board of supervisors, acting for Hardin county, and the defendant Albrook, is first presented, for our consideration. At the outset, and making application of a very familiar principle of law, we may presume that it was intended on the q£ a]p parties concerned to make a contract such as was authorized by law. It will be noted that, by the *564terms of the resolution adopted by the board, the employment of Albrook was “as attorney for the county to make collection of…
2Cases cited9 opinions
- Northrop's executors v. GravesSupreme Court of Connecticut · 1849
- Kagy v. Independent DistrictSupreme Court of Iowa · 1902
- Williams v. HamiltonSupreme Court of Iowa · 1898
- Jordan v. StevensSupreme Judicial Court of Maine · 1863
- County of Wayne v. ReynoldsMichigan Supreme Court · 1901
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