Legal Opinion

Barber Asphalt Paving Co. v. City of Des Moines

Supreme Court of Iowa

Decided June 25, 1921PublishedCited by 8 opinions

Appeal from Polk District Court. — HubeRT Utterbaok, Judge. AotioN in equity to recover an amount equal to a special assessment of $359.49, with interest tbereon, and also an amount equal to tbe interest on a paving contract, which interest was not included in assessment certificates. Appeal from judgment in favor of plaintiff. Facts appear in the opinion. —

1Opinion of the CourtArthur, J.

' corporations : ments: Mu’™ ments’ana deiNer certificates. Plaintiff’s petition is in two counts. In the first count, it seeks to recover judgment against the defendant for the amount, with interest, of a special assessment certificate issued and delivered by the city of Des Moines to plaintiff, pursuant to a contract for the com-struction of pavement on one of the streets of the defendant city, which special assessment was heid £0 ke invalid because of failure of jurisdiction, the property known as the Hurley property, mentioned in the assessment being held not subject to assessment.

In the…

2Cases cited4 opinions

  1. Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
  2. Bucroft v. City of Council BluffsSupreme Court of Iowa · 1884
  3. Gilcrest & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
  4. J. W. Turner Improvement Co. v. City of Des MoinesSupreme Court of Iowa · 1912

3Cited by8 opinions

  1. Hauge v. City of Des MoinesSupreme Court of Iowa · 1927
  2. Stockholders Investment Co. v. Town of BrooklynSupreme Court of Iowa · 1933
  3. City of McLaughlin v. TurgeonCourt of Appeals for the Eighth Circuit · 1935
  4. Henning v. City of CasperWyoming Supreme Court · 1936
  5. Grand Lodge of the Ancient Order of United Workmen v. City of BottineauNorth Dakota Supreme Court · 1929

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