Blunt v. Carpenter
Supreme Court of Iowa
Appeal from, Fayette Cireuit Gourt. Action to restrain the collection of a five per cent railroad tax voted by the electors of West Union township to aid in the construction of a railroad from Wadena to West Union. The ■ Chicago, Milwaukee & St. Paul Railway Company and the Chicago, Clinton, Dubuque & Minnesota Railroad Company answered the petition.
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Appeal from, Fayette Cireuit Gourt. Action to restrain the collection of a five per cent railroad tax voted by the electors of West Union township to aid in the construction of a railroad from Wadena to West Union. The ■ Chicago, Milwaukee & St. Paul Railway Company and the Chicago, Clinton, Dubuque & Minnesota Railroad Company answered the petition. A demurrer to their answers was sustained, and, refusing to plead further, a decree was rendered against them, enjoining the collection of the tax, and declaring it to be illegal and void. The defendants appeal.
1Opinion of the CourtBeck, J.
I. The questions for decision in this case arise upon the pleadings, which are voluminous. The petition, among other things, alleges and shows that the tax in question was voted to the Chicago, Clinton, Dubuque & Minnesota Railroad Company, to aid in the construction of a *266railroad from Wadena to West Union, a distance of fourteen miles; that, at the time the proceedings were had pertaining to the tax, that corporation had ceased to exist, and had no organization and no officers in the state; that before these proceedings the road, franchises and other property of the corporation had been…
2Cases cited1 opinion
- Manning v. MathewsSupreme Court of Iowa · 1885
3Cited by2 opinions
- Cantillon v. Dubuque & Northwestern Railway Co.Supreme Court of Iowa · 1889
- Board of Commissioners v. State ex rel. CottinghamIndiana Supreme Court · 1886