Phillips v. Reed
Supreme Court of Iowa
Appeal from, Pottawattamie District Court. — IIon. Walter I. Smith, Judge. ActioN for a mandamus to compel tbe defendant, who is treasurer of the city of Council Bluffs, to pay two certain warrants issued by said .city. A demurrer to the petition- was sustained, and, plaintiff electing to stand upon his pleading, judgment was rendered against him for costs. He appeals.
1Opinion of the CourtWatermaN, J.
Appellee does not question the sufficiency of the assignment of errors, and we are content, therefore, to assume that the matters discussed are presented by the record.
The facts in this case are similar to those involved in Phillips v. Reed, 107 Iowa, 331, decided by this court at the October term, 1898, but the present action is submitted upon a somewhat different theory. Plaintiff is the owner of two warrants issued by defendant city since October 1, 1897, the date when the present Code wont into effect. It is alleged that these warrants were presented for payment, which was refused by…
2Cases cited2 opinions
- Phillips v. ReedSupreme Court of Iowa · 1898
- Taylor v. BrooksCalifornia Supreme Court · 1855
3Cited by3 opinions
- Voorhees v. MorseCalifornia Supreme Court · 1934
- E. H. Rollins & Sons v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1912
- First National Bank v. Village of BuhlSupreme Court of Minnesota · 1922