Legal Opinion

Smith v. Omaha & Council Bluffs Railway & Bridge Co.

Supreme Court of Iowa

Decided April 9, 1896Published

Appeal from Pottawattamie District Court. — Hon. H. E. Deehbr, Judge. This is an action at law, brought by.Jha,.plaintiff on a claim of his own, and as assignee of the claims of a number of other taxpayers of the city of Council Bluffs, to recover certain taxes which he, and they, paid to aid in the construction of a bridge over the Missouri river between the cities of Council Bluffs, Iowa, and Omaha, Neb. The facts and issues will appear in the opinion.

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Appeal from Pottawattamie District Court. — Hon. H. E. Deehbr, Judge. This is an action at law, brought by.Jha,.plaintiff on a claim of his own, and as assignee of the claims of a number of other taxpayers of the city of Council Bluffs, to recover certain taxes which he, and they, paid to aid in the construction of a bridge over the Missouri river between the cities of Council Bluffs, Iowa, and Omaha, Neb. The facts and issues will appear in the opinion. The case was tried to the .court, and judgment rendered in favor of the plaintiff for thirteen thousand, four hundred and twenty-five…

1Opinion of the CourtGiven, J.

*5481 *5492 *546I. The defendant corporations being organized under the same name, we will for convenience and brevity, designate one as the Iowa cornoration and the other as the Nebraska corporation. There is but little to dispute as to the facts of this case; and the following is a sufficient statement of the facts for an understanding of the questions to be considered. The Iowa corporation was organized under the laws of Iowa, ■ in October, 1886. Its purpose, as expressed in its articles, is as follows: “To construct. *547operate and maintain a bridge' across the Missouri river, at and opposite the cities…

2Cases cited9 opinions

  1. Muscatine Western R. R. v. HortonSupreme Court of Iowa · 1873
  2. Dean v. CharltonWisconsin Supreme Court · 1871
  3. State ex rel. Crossland v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1894
  4. Reeves v. Phila. Traction Co.Supreme Court of Pennsylvania · 1893
  5. Barnes v. County of MarshallSupreme Court of Iowa · 1881

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