McCain v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. A. H- McVey, Judge. Suit in equity to enjoin defendants from levying and collecting special assessments against plaintiff’s property for the paving of a street known as “ West Grand Avenue,” in •the city of Des Moines. There was a trial to the court, resulting in a decree dismissing plaintiffs’ petition, and they appeal.- — •
1Opinion of the CourtDeemer, J.
In the year 1893 the defendant city entered into a contract with the Des Moines Brick Manufacturing Company for the paving of West Grand avenue, in the city of Des Moines, from Twenty-Eighth street west to a point west of what is known as “ Park Lane.” Plaintiffs are the owners of property abutting upon the street above described. No work was performed under the contract until September of the year 1897, when the manufacturing company began the performance of the contract for the improvement, and turned the same over to the city, as a completed job, some time in the spring of the year 1898.…
2Cases cited11 opinions
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- McCain v. Des MoinesSupreme Court of the United States · 1899
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
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3Cited by20 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- Littell v. Webster CountySupreme Court of Iowa · 1911
- Clifton Land Co. v. City of Des MoinesSupreme Court of Iowa · 1909
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
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