Gallaher v. Garland
Supreme Court of Iowa
Appeal from Greene District Court.— HoN. F. M. Powees, Judge. Suit in equity to enjoin the sale of certain lots by defendant Garland, county treasurer, for the amount of assessments levied against them by the city council of the city of Jefferson for grading, graveling, and macadamizing streets in front thereof. The trial court dismissed the petition, and plaintiff, Gallaher, appealed.
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Appeal from Greene District Court.— HoN. F. M. Powees, Judge. Suit in equity to enjoin the sale of certain lots by defendant Garland, county treasurer, for the amount of assessments levied against them by the city council of the city of Jefferson for grading, graveling, and macadamizing streets in front thereof. The trial court dismissed the petition, and plaintiff, Gallaher, appealed. After the appeal was taken, plaintiff died, and his administrator has been substituted. them, but, as one seems to be sufficient to sustain plaintiff’s
1Opinion of the Court
Deemee, O. J.—
Many reasons are presented why . the lots should not be sold to pay the assessments levied against *208action, we shall consider but that one. The city council of the city of Jefferson passed a resolution for grading and graveling certain of its streets. Notice of a graveling resolution was given as provided by law, and the time and place fixed for the lodging of objections thereto. No objections having been filed, the proposition was finally adopted, and it was ordered that the expense of the improvement be taxed to the abutting property. Notice for bids for the graveling of the…
2Cases cited3 opinions
- Allen v. City of DavenportSupreme Court of Iowa · 1898
- Chicago, Milwaukee & St. Paul Railway Co. v. PhillipsSupreme Court of Iowa · 1900
- In Re the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1878
3Cited by18 opinions
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- Owens v. City of MarionSupreme Court of Iowa · 1905
- Comstock v. City of Eagle GroveSupreme Court of Iowa · 1907
- Shaver v. J. W. Turner Improvement Co.Supreme Court of Iowa · 1912
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