Legal Opinion

Hedge v. City of Des Moines

Supreme Court of Iowa

Decided January 23, 1909PublishedCited by 15 opinions

Appeal from Polk District Court. — Hon. A. H. McVey, Judge. This is an appeal in the matter of an assessment of the cost of paving against abutting property in the city of Des Moines. From the action of the city council, the plaintiff appealed to the district court, and obtained therein partial relief. From the order of the district court both parties have appealed to this court. The defendant first perfected its appeal and is designated in the record as the appellant.

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Appeal from Polk District Court. — Hon. A. H. McVey, Judge. This is an appeal in the matter of an assessment of the cost of paving against abutting property in the city of Des Moines. From the action of the city council, the plaintiff appealed to the district court, and obtained therein partial relief. From the order of the district court both parties have appealed to this court. The defendant first perfected its appeal and is designated in the record as the appellant. Thirty-one other like appeals by as many other property owners from the same action of the city council were by stipulation…

1Opinion of the Court

Evans, C. J. —

This case involves the assessment of the cost of paving West Grand Avenue, in the city of Des Moines, from Fourteenth Street to Twenty-Eighth Street. In the fall of 1903 a movement was set on foot among the owners of property abutting on said street for the repavement thereof. The street was already covered with a brick pavement, which had been laid about the year 1890, and which had become worn and defective. Petitions were circulated among the property owners for their signature, addressed to the city council and asking for such repavement. These petitions were signed by a…

2Cases cited13 opinions

  1. Warren v. HenlySupreme Court of Iowa · 1870
  2. Yeomans v. RiddleSupreme Court of Iowa · 1891
  3. Tuttle v. Polk & HubbellSupreme Court of Iowa · 1891
  4. White v. Elgin Creamery Co.Supreme Court of Iowa · 1899
  5. Allen v. City of PortlandOregon Supreme Court · 1899

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3Cited by15 opinions

  1. State v. Humble Oil & Refining Co.Texas Supreme Court · 1943
  2. Chicago & Northwestern Railway Co. v. Board of SupervisorsSupreme Court of Iowa · 1916
  3. Swan v. City of IndianolaSupreme Court of Iowa · 1909
  4. Gilfillan v. City of BartlesvilleSupreme Court of Oklahoma · 1915
  5. Central Life Assurance Society of the United States v. City of Des MoinesSupreme Court of Iowa · 1919

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