Hoffman v. City of Muscatine

(dissenting). — I. I cannot agree with the majority opinion in this case. It is the claim of the defendants (appellees) that inasmuch as there is here no attack made upon the validity of the proceedings on the part of the City Council, therefore, the City Council had jurisdiction in “the matter of ordering the improvement and entering into the contract, and that this suit in equity will not lie to question the legality of the contract.

It is the contention of the defendants (appellees) that the procedure set out in Sections 6016, 6029, 6063, and 6065 of the Code is exclusive, and that it was…