Atkinson v. City of Webster City
Supreme Court of Iowa
Appeal from Hamilton District Court. — R. M. Wright, Judge. This is an appeal from special assessments imposed upon a lot of the plaintiff’s for paving, curbing and guttering the street upon which said lot abuts, known as Willson Avenue. The assessment for paving was in the sum of $200.95, and for curbing and gutter, $41.93. Separate appeals were taken from each assessment, but the two were consolidated and tried as one case in the district court.
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Appeal from Hamilton District Court. — R. M. Wright, Judge. This is an appeal from special assessments imposed upon a lot of the plaintiff’s for paving, curbing and guttering the street upon which said lot abuts, known as Willson Avenue. The assessment for paving was in the sum of $200.95, and for curbing and gutter, $41.93. Separate appeals were taken from each assessment, but the two were consolidated and tried as one case in the district court. The case was tried as in equity, and the district court entered a decree annulling and canceling both the assessments and taxed the costs of the…
1Opinion of the CourtPreston, J.
The questions presented are largely of fact, and there is a voluminous record and a large number of exhibits have been certified. These exhibits include the original specifications, samples of the pavement, gravel, etc. We shall not attempt to set out the evidence at any considerable length, but shall state the claims of the parties and our conclusions. No formal pleadings were filed in the district court, but the issues as tried were the objections filed by plaintiff before the city council. The objections to the paving assessment were substantially as follows:
“1. That said assessment is…
2Cases cited7 opinions
- Littell v. Webster CountySupreme Court of Iowa · 1911
- McCain v. City of Des MoinesSupreme Court of Iowa · 1905
- Wingert v. SnoufferSupreme Court of Iowa · 1906
- In re Appeal of AppleSupreme Court of Iowa · 1913
- Attorney General ex rel. Allis-Chalmers Co. v. Public Lighting CommissionMichigan Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- City of Chariton v. JC Blunk Construction CompanySupreme Court of Iowa · 1962
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
- City of Des Moines v. HorrabinSupreme Court of Iowa · 1927
- Kelleher v. Joint Drainage District No. 18Supreme Court of Iowa · 1933
8 more not listed; retrieve them via the Exa API.