Legal Opinion

Allen v. City of Davenport

Supreme Court of Iowa

Decided October 21, 1901PublishedCited by 18 opinions

Appeal from Scott District Court. — Hon. James W. Bollinger, Judge. The defendants appeal from an order overruling a motion to strike an amendment to the answer and supplemental answer filed after the issuance of procedéndo in pursuance of opinion found in 107 Iowa, 90.

1Opinion of the CourtLadd, J.

1 2 *233 *22The case originally involved the validity of a contract for the improvement of a road through plaintiffs’ land and the regularity of the assessment. Allen v. City of Davenport, 107 Iowa, 90. When procedendo was filed in the district court, the defendant asked leave to file an amendment to' the answer and supplemental answer, and supported its motion by an affidavit. From this affidavit it appeared that the improvement was completed in December, 1896, the assessment and a levy of cost made February 2, 1897, the cause submitted January 13, 1897, and decree entered March 1, 1897. Thereupon…

2Cases cited27 opinions

  1. Allen v. City of DavenportSupreme Court of Iowa · 1898
  2. Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
  3. Jacob v. LorenzCalifornia Supreme Court · 1893
  4. Candler v. PettitNew York Court of Chancery · 1828
  5. Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881

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3Cited by18 opinions

  1. Dunton v. McCookSupreme Court of Iowa · 1903
  2. Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
  3. Donnelly v. MitchellSupreme Court of Iowa · 1903
  4. Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
  5. Babcock v. City of Des MoinesSupreme Court of Iowa · 1917

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