Tredway v. Sioux City & Pacific R.
Supreme Court of Iowa
Appeal from Woodbu/ry District Court. On March 19, 1872, the plaintiff filed his petition in equity, averring that he is a tax payer, and resident in Woodbury county, and brings this action in behalf of the tax payers in said county who are numerous, and whom it is impracticable to bring before the court or join in the action.
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Appeal from Woodbu/ry District Court. On March 19, 1872, the plaintiff filed his petition in equity, averring that he is a tax payer, and resident in Woodbury county, and brings this action in behalf of the tax payers in said county who are numerous, and whom it is impracticable to bring before the court or join in the action. That the said county, prior to October, 1866, was tbe owner of a large amount of swamp lands, worth $100,000, derived by grant from the general government; that the defendant, the railroad company, is a corporation, and was organized to construct a railroad from Sioux…
1Opinion of the CourtCole, J.
In-the absence of any showing or excuse for the failure to intervene, and thereby secure the right to defend in the action by the railroad company against the county, we do not see how this plaintiff can now assert his right, even if he has any. For aught that appears this plaintiff was fully cognizant of the alleged fraudulent practices while they were being enacted; and was present and witnessed the conduct of the suits brought by the railroad company, for the specific performance. A party may not sit quietly by and allow an adjudication to be made between the proper parties, and after…
2Cases cited1 opinion
- Cornell College v. Iowa CountySupreme Court of Iowa · 1871
3Cited by5 opinions
- State v. KingWest Virginia Supreme Court · 1908
- Lee v. Independent School DistrictSupreme Court of Iowa · 1910
- American Bell Telephone Co. v. National Improved Telephone Co.U.S. Circuit Court for the District of Eastern Louisiana · 1886
- Ashby v. ManleySupreme Court of Iowa · 1921
- Frank v. WedderinCourt of Appeals for the Fifth Circuit · 1895