Youngerman v. Murphy
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon. C. P. Holmes, Judge. Suit in equity to test the validity of chapter 1 of the Acts of the Twenty-sixth General Assembly, which authorizes the levy of a tax by municipalities in aid of the purchase or construction of waterworks, and to enjoin the collection of the tax levied by the city of Des Moines for the years 1896 and 1897 upon the plaintiff’s property in virtue of the provisions of that áct.
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Appeal from Pollc District Court. — Hon. C. P. Holmes, Judge. Suit in equity to test the validity of chapter 1 of the Acts of the Twenty-sixth General Assembly, which authorizes the levy of a tax by municipalities in aid of the purchase or construction of waterworks, and to enjoin the collection of the tax levied by the city of Des Moines for the years 1896 and 1897 upon the plaintiff’s property in virtue of the provisions of that áct. The city of Des Moines intervened in the action, and in conjunction with the defendant filed a demurrer to the petition, which was submitted with a stipulation…
1Opinion of the Court
Deemer, O. J.
The act in question authorizes cities of the first class to levy a tax of two mills upon the dollar upon all property within their corporate limits (except some classes not necessary to be mentioned) for the purpose of creating a sinking fund to be used as thereinafter provided for the purchase or erection of waterworks in such cities. The proceeds from the levy are to be deposited in one or more solvent banks or trust companies, payable on demand after sixty *688days’ notice in writing. Such cities are further authorized to purchase or erect waterworks under the provisions of the…
2Cases cited5 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Morford v. UngerSupreme Court of Iowa · 1859
- Taylor v. McFaddenSupreme Court of Iowa · 1892
- Union Pacific Railroad v. Board of County CommissionersNebraska Supreme Court · 1880
- Dowdney v. McCullomNew York Court of Appeals · 1874
3Cited by10 opinions
- Knorr v. BeardsleySupreme Court of Iowa · 1949
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1908
- City of Ottumwa v. City Water Supply Co.Court of Appeals for the Eighth Circuit · 1902
- Fevold v. Board of SupervisorsSupreme Court of Iowa · 1926
- Cook v. HannahSupreme Court of Iowa · 1941
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