Franquemont v. Munn

EVANS; J.

L The cases were tried separately in the court below, but, by stipulation, upon substantially the sai~ie record. By the same stipulation they have been submitted together to us on this appeal. The record is not wholly identical as to all t1~e plaintiffs. In the first two named cases the defendant pleaded a prior adjudication, in that each plaintiff therein had filed objections to the assessment complained of before the city council, which had been overruled. From such ruling each plaintiff appealed to the district court of Polk ty, wherein the same issues were tendered and tried as…