Ft. Dodge Electric Light & Power Co. v. City of Ft. Dodge
Supreme Court of Iowa
Appeal from Webster District Court. — IIon. J. R. Whitaker, Judge. Action by plaintiff, as owner of a street car line in defendant city, to enjoin the collection of a special assessment for paving a street on which the line in situated.
Read the full summary
Appeal from Webster District Court. — IIon. J. R. Whitaker, Judge. Action by plaintiff, as owner of a street car line in defendant city, to enjoin the collection of a special assessment for paving a street on which the line in situated. The Iowa National Bank intervened, claiming to be the owner, by assignment from J. W. Campbell, of certificates issued for the assessment against the street car line, and asking to have such certificates enforced against the plaintiff or the defendant city. The trial court enjoined the collection of the assessment as against plaintiff, and held the defendant…
1Opinion of the CourtMcClain, J.
The paving contract in pursuance of which the certificates were issued which give rise to the controversy in this case was made in August, 1896, J. W. Campbell being the contractor. A part of the paving provided for was completed in the fall of that year, and another part in the fall of the year following; the latter part of the work being accepted by the city November 4, 1897. The *571assessment for tbe first part of tbe work was made in December, 1896, and for the second part in December, 1897; and in each assessment a portion of the cost was taxed to the plaintiff, and certificates were issued…
2Cases cited30 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Winston v. City of SpokaneWashington Supreme Court · 1895
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Rice v. City of Des MoinesSupreme Court of Iowa · 1875
25 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
- Swanson v. City of OttumwaSupreme Court of Iowa · 1902
- City of Long Beach v. LisenbyCalifornia Supreme Court · 1919
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905
48 more not listed; retrieve them via the Exa API.