Legal Opinion

City of Davenport v. C., R. I. & P. R. R.

Supreme Court of Iowa

Decided June 19, 1874PublishedCited by 45 opinions

Appeal from Scott District Court. The plaintiff brings this action to recover of tbe defendant certain taxes, levied for city purposes, on tbe depot grounds, track,, etc., of tbe defendant, witbin tbe limits of tbe city, and on the north half of its railroad bridge across the Mississippi river, for tbe years 1867, 1868,1869, 1870 and 1871. Tbe answer of tbe defendant is as follows: 1st. (Admitting tbe liability for tbe bridge tax of 1870 and 1871,) and stating that for each…

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Appeal from Scott District Court. The plaintiff brings this action to recover of tbe defendant certain taxes, levied for city purposes, on tbe depot grounds, track,, etc., of tbe defendant, witbin tbe limits of tbe city, and on the north half of its railroad bridge across the Mississippi river, for tbe years 1867, 1868,1869, 1870 and 1871. Tbe answer of tbe defendant is as follows: 1st. (Admitting tbe liability for tbe bridge tax of 1870 and 1871,) and stating that for each and every one of tbe years for which taxes are claimed, at tbe periods required by law it bad fully paid to tbe State of…

1Opinion of the Court

Miller, Ch. J.

— This case is one of paramount importance, both in the amount of money involved and the gravity of the legal questions presented. It has been argued by learned counsel, with great and unusual ability, and we have endeavored to give the case that careful and deliberate consideration which its magnitude demands.

i pleading-on answer, practice: judgment up-I. The District Court did not err in rendering judgment on plaintiff’s motion for the sum, confessed by the answer to. ^e due and ™p&id as taxes, upon the north half of its bridge. The answer, in plain and unqualified language,…

2Cases cited9 opinions

  1. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
  2. Marsh v. PierSupreme Court of Pennsylvania · 1833
  3. Morrison v. SpringerSupreme Court of Iowa · 1863
  4. Bouchaud v. DiasNew York Supreme Court · 1846
  5. Clark v. Robert Young & Co.Supreme Court of the United States · 1803

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3Cited by45 opinions

  1. New Orleans v. Citizens' BankSupreme Court of the United States · 1897
  2. United States v. Stephen KramerCourt of Appeals for the Second Circuit · 1961
  3. Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
  4. Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
  5. Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875

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