Zorger v. Township of Rapids
Supreme Court of Iowa
Appeal from Limn District Court. On the 1st day of April, 1871, the plaintiff, George Zorger, filed in the Linn district court a petition, the portion of which, material to the present consideration, alleges that the plaintiff and many other persons, too numerous to be mentioned, are, and on the 15th day of August, 1870, were owners of taxable property within the township of Rapids, in Linn county.
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Appeal from Limn District Court. On the 1st day of April, 1871, the plaintiff, George Zorger, filed in the Linn district court a petition, the portion of which, material to the present consideration, alleges that the plaintiff and many other persons, too numerous to be mentioned, are, and on the 15th day of August, 1870, were owners of taxable property within the township of Rapids, in Linn county. That, at a pretended election held in said township, on the 15th day of August, 1870, in pursuance of notice given by the board of trustees of said township, a majority of the votes cast were in…
1Opinion of the Court
Dat, J.—
1. Taxation: in aid of railroads: injunction. I. The action of the district judge granting the injunction was based upon the allegation in the petition that the trustees ordered the vote upon a petition not , , , , ... . , . signed by the requisite number ot tax payers of J the township.
*178Section 2 of chapter 102, Laws of Thirteenth General Assembly, provides that “ whenever a petition shall be presented to the council or trustees of any incorporated town or city, or trustees of any township, signed by one^third the resident tax payers of such township, city or town, asking the question…
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