Webster County v. Taylor
Supreme Court of Iowa
Appeal from Webster District Court. Petition to cancel county warrant : powers and LIABILITIES OF COUNTIES WITH RESPECT TO SWAMP LANDS, &c. — The petition alleges, that in 1857 Webster county paid 'the defendant (Taylor) and two other persons $2,769.75, for selecting, returning and reporting, with the requisite maps, the swamp and overflowed land of the county.
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Appeal from Webster District Court. Petition to cancel county warrant : powers and LIABILITIES OF COUNTIES WITH RESPECT TO SWAMP LANDS, &c. — The petition alleges, that in 1857 Webster county paid 'the defendant (Taylor) and two other persons $2,769.75, for selecting, returning and reporting, with the requisite maps, the swamp and overflowed land of the county. The petition sets out the act of January 13, 1853 (Rev., § 925, et seq.); the act of January 23, 1853 (Rev., § 951); the act of January 27, 1858 (Rev., § 982). It is then alleged, that on the 5th day of November, 1860, the defendant…
1Opinion of the CourtDillon, J.
i. pbacequitaúe ■ peaL This decree must be reversed for want of evidence to sustain it. It was tried by the first method. The clerk certifies that he has sent up all the evidence: and that evidence consists simply of certain entries made by the county judge, showing that the claim, for which the warrant in suit was issued, was filed in his office, and that the county had paid the defendant and two other persons $2,769.75 for selecting swamp lands.
There is no proof in the record of the alleged fraud or the alleged want of consideration. But as the record entry recites, and the appellee claims…
2Cases cited4 opinions
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Boom v. City of UticaNew York Supreme Court · 1848
- Halstead v. Mayor of New-YorkNew York Supreme Court · 1849
- Haliburton v. Inhabitants of FrankfortMassachusetts Supreme Judicial Court · 1817
3Cited by14 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- MADRID LUMBER COMPANY v. Boone CountySupreme Court of Iowa · 1963
- Allen v. Cerro Gordo CountySupreme Court of Iowa · 1871
- Lessenger v. LessengerSupreme Court of Iowa · 1965
- Newburn v. LucasSupreme Court of Iowa · 1904
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