State ex rel. Dox v. Board of Equalization of Johnson County
Supreme Court of Iowa
Appeal from Scott District Gourt. Information for a writ of mandamus. In tbe year 1853 tbe county of Johnson subscribed fifty thousand dollars to the capital stock of tbe Lyons Iowa Central Railroad Company, to assist in constructing that road, which was to run through tbe above county. Tbe county issued her bonds to tbe above amount, they being for one thousand dollars each.
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Appeal from Scott District Gourt. Information for a writ of mandamus. In tbe year 1853 tbe county of Johnson subscribed fifty thousand dollars to the capital stock of tbe Lyons Iowa Central Railroad Company, to assist in constructing that road, which was to run through tbe above county. Tbe county issued her bonds to tbe above amount, they being for one thousand dollars each. Paul B. Ring became the holder of a number of these bonds, and the county failing to pay the interest which fell due on them semi-annually, in the month of October A. D. 1857, he recovered judgment against her, as is…
1Opinion of the CourtWoodward, J.
It does not appear whether the court overruled the demurrer because the causes were deemed insufficient, or because it considered that the respondents could not demur to the information. We must presume, however, that the latter was the view of the court, since such is the law.
Regarding the information and the original notice under our law as answering to the rule to show cause under the common law, yet the defendant (if one be named as such) can not demur to the information and bring the cause to this court upon such demurrer. The information is to make known to the court the ground, of…
2Cases cited1 opinion
- Chance v. TempleSupreme Court of Iowa · 1855
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