Township of West Bend v. Munch
Supreme Court of Iowa
Appeal from, Palo Alto District Court. The plaintiffs allege that they are each civil townships in the county of Palo Alto. The defendants are members of tlie board of supervisors of said county.
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Appeal from, Palo Alto District Court. The plaintiffs allege that they are each civil townships in the county of Palo Alto. The defendants are members of tlie board of supervisors of said county. The plaintiffs claim that the defendants have exceeded their jurisdiction in making a distribution of exemptions for taxes for the planting of forest trees in one of the townships of said county by one Adamson, by which the plaintiffs are made to bear part of such exemption which should rightfully be borne by the township 'where the trees were located and planted. The writ of certiorari was prayed to…
1Opinion of the CourtRothrock, J.
1.townships: tions.°ipoia We have not thought it necessary to set out the other grounds of demurrer because, in our opinion, the ac-
tion cannot be maintained, and the demurrer should have been sustained upon the ground that the plaintiffs have not legal capacity to sue.
A township, under our system of government, is not a corporation authorized to sue and be sued. It is no more than a legal subdivision of the county for governmental purposes Its officers are paid for tlieir services by the county, except in special cases where payment is required to be made by private persons. Code, sections…
2Cited by11 opinions
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Hanson v. City of CrescoSupreme Court of Iowa · 1906
- Hume v. KellyOregon Supreme Court · 1896
- Wells v. StombackSupreme Court of Iowa · 1882
- Austin Western Co. v. Township of WeaverSupreme Court of Iowa · 1907
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