Fouke & Lyon v. Jackson County
Supreme Court of Iowa
Appeal from Clinton District Court, — Hon. C. M. Waterman, Judge. The plaintiffs bring this action to recover compensation for services rendered by them as attorneys in defending a certain action in equity in the United States circuit court, northern district of Iowa, wherein the Milwaukee & St. Paul Railway Company sought to restrain Jackson county and the town of Sabula, as defendants, from assessing and collecting certain taxes.
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Appeal from Clinton District Court, — Hon. C. M. Waterman, Judge. The plaintiffs bring this action to recover compensation for services rendered by them as attorneys in defending a certain action in equity in the United States circuit court, northern district of Iowa, wherein the Milwaukee & St. Paul Railway Company sought to restrain Jackson county and the town of Sabula, as defendants, from assessing and collecting certain taxes. The petition may be construed as setting forth the claim upon two grounds, namely, an express contract and an implied contract, — an express, for that the…
1Opinion of the CourtGiven, J.
I. The appellants argue at length, and with numerous citations, to show that the court 1. Municipal corporations: counties: implied contracts: employment of attorney. erred in charging the jury that the county could not be held liable on an implied contract. It seems to us this is an entire misapprehension of the record, and that the case was submitted to the jury upon the plaintiffs’ claim of an implied contract, and upon that alone. The court, having in the fourth paragraph ■of the charge withdrawn the claim of an “express request” or contract from the consideration of the jury, because…
2Cited by9 opinions
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- City of Pella v. FowlerSupreme Court of Iowa · 1932
- Cassaday v. De JarnetteSupreme Court of Iowa · 1960
- Thompson Yards, Inc. v. Haakinson & Beaty Co.Supreme Court of Iowa · 1930
- True v. Board of County CommissionersSupreme Court of Minnesota · 1901
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