Burlington & Missouri River Railroad v. Spearman
Supreme Court of Iowa
Appeal from Henry District Court. The material facts are stated in the opinion of the Court: 1. That the depot grounds of the Burlington & Missouri River Railroad Company, at Mount Pleasant, do not constitute a part of the City of Mount Pleasant; Laws of 1850, p. 195, 198; Laws of 1853, p. 39; Laws of 1855, p. 136; Laws of 1855, (special'session) p. 18. 2. That as the City Council have power to assess taxes on lots for the improvement of streets, and as such power must be…
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Appeal from Henry District Court. The material facts are stated in the opinion of the Court: 1. That the depot grounds of the Burlington & Missouri River Railroad Company, at Mount Pleasant, do not constitute a part of the City of Mount Pleasant; Laws of 1850, p. 195, 198; Laws of 1853, p. 39; Laws of 1855, p. 136; Laws of 1855, (special'session) p. 18. 2. That as the City Council have power to assess taxes on lots for the improvement of streets, and as such power must be strictly construed and exercised, the assessment upon these grounds, which were not laid out into lots, was invalid; City…
1Opinion of the CourtBaldwin, J.
The complainant, by bill in equity, enjoined the respondent Spearman, as the City Collector of Mount Pleasant, from proceeding to sell certain real estate, used by the complainant as depot grounds, to satisfy a tax levied thereon by said city, for the purpose of constructing a sidewalk adjoining the said property. The cause being heard upon bill and answer, the temporary injunction was dissolved by the District Court. From this order the complainant appeals.
I. It is maintained by appellant that the property advertised for sale and taxed for the purpose of building said side-walk, is not…
2Cases cited1 opinion
- Morford v. UngerSupreme Court of Iowa · 1859
3Cited by20 opinions
- Warren v. HenlySupreme Court of Iowa · 1870
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Rich v. City of ChicagoIllinois Supreme Court · 1894
- Lobdell v. City of ChicagoIllinois Supreme Court · 1907
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