Lough v. City of Estherville
Supreme Court of Iowa
'Appeal from, Emmet District Gourt. — Hour. A. D. Bailie, Judge. . ActioN brought in equity, the prayer of the petition originally filed being for such relief as may well have been afforded by a court having equitable jurisdiction. A demurrer- was interposed to ' such petition and sustained. Thereupon plaintiff filed an amended and substituted petition, the prayer thereof being confined to a demand for personal judgment against certain of the defendants in a sum named.
Read the full summary
'Appeal from, Emmet District Gourt. — Hour. A. D. Bailie, Judge. . ActioN brought in equity, the prayer of the petition originally filed being for such relief as may well have been afforded by a court having equitable jurisdiction. A demurrer- was interposed to ' such petition and sustained. Thereupon plaintiff filed an amended and substituted petition, the prayer thereof being confined to a demand for personal judgment against certain of the defendants in a sum named. To this pleading, also, a demurrer was interposed and sustained. Plaintiff elected to stand on his substituted petition, and…
1Opinion of the CourtBishop, J.
The plaintiff, A. P. Lough, sues for himself and all other taxpayers of the city of Esthervilie. The defendants, in addition to the city of Esthervilie, are E. J. Breen, O. H. Myhre, E. Albro, E. LI. Khodes, J. H. Wilson, Joe Hardie, J. M. Barker, and S. A. Keen. It is alleged that, at the time of the happening of the matters complained of, the said Breen was mayor, the said Myhre vras treasurer, and the other defendants, except Keen, were members of the city council of said city of Esthervilie. In the petition originally filed it was alleged that the defendant city at all times in question…
2Cases cited2 opinions
- Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
- Weaver v. KintzleySupreme Court of Iowa · 1882
3Cited by18 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- Koehler v. MassellSupreme Court of Georgia · 1972
- Elview Construction Co. v. North Scott Community School DistrictSupreme Court of Iowa · 1985
- T & M HOMES, INC. v. Township of MansfieldNew Jersey Superior Court Appellate Division · 1978
- City of Newport v. McLaneCourt of Appeals of Kentucky (pre-1976) · 1934
13 more not listed; retrieve them via the Exa API.