Burges v. Mabin
Supreme Court of Iowa
Appeal from Hancock District Court. AotioN to enjoin the collection of a five percentum tax, voted and levied to aid in the construction of a railroad. The railroad company constructing the road, and another interested therein, were made defendants to the action. The defendants united in an answer, to which a demurrer by plaintiffs was sustained. From this decision defendants appeal.
1Opinion of the Court
Beoe, J".
I. The petition alleges that the tax is invalid for the reasons that the conditions upon which it was levied *634are not in accord with the condition of the vote; that the notice for the election does not comply with the law; and that the statute under which the tax was voted and levied was repealed by the legislature without any saving clause, whereby all proceedings in relation to the tax became void. The answer of defendants admits, substantially, the facts alleged in the petition, but denies that the tax is made invalid thereby, averring that after the tax was voted the railroad…
2Cited by3 opinions
- Yarish v. Cedar Rapids, Iowa Falls & Northwestern R'y Co.Supreme Court of Iowa · 1887
- Barthel v. MeaderSupreme Court of Iowa · 1887
- Kleise v. GalushaSupreme Court of Iowa · 1889