Barber Asphalt Paving Co. v. City of Des Moines
Supreme Court of Iowa
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
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Bucroft v. City of Council BluffsSupreme Court of Iowa · 1884
- Gilcrest & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- J. W. Turner Improvement Co. v. City of Des MoinesSupreme Court of Iowa · 1912
3Cited by8 opinions
- Hauge v. City of Des MoinesSupreme Court of Iowa · 1927
- Stockholders Investment Co. v. Town of BrooklynSupreme Court of Iowa · 1933
- City of McLaughlin v. TurgeonCourt of Appeals for the Eighth Circuit · 1935
- Henning v. City of CasperWyoming Supreme Court · 1936
- Grand Lodge of the Ancient Order of United Workmen v. City of BottineauNorth Dakota Supreme Court · 1929
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