Legal Opinion

Winspear v. District Township of Holman

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 18 opinions

Appeal from Osceola District Cowrt. Tuesday, December 9. Plaintiff instituted an action against defendant upon three warrants drawn by the president of defendant upon its treasurer, payable out of the contingent fund, and aggregating $500.44. Defendant filed an answer, setting forth in the fifth paragraph thereof, the following: “ The defendant further avers that it is a municipal and political corporation, incorporated under the laws of iowa; that at the time of incurring…

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Appeal from Osceola District Cowrt. Tuesday, December 9. Plaintiff instituted an action against defendant upon three warrants drawn by the president of defendant upon its treasurer, payable out of the contingent fund, and aggregating $500.44. Defendant filed an answer, setting forth in the fifth paragraph thereof, the following: “ The defendant further avers that it is a municipal and political corporation, incorporated under the laws of iowa; that at the time of incurring the indebtedness for which the said orders were issued, the taxable property of said district township of Holman, as…

1Opinion of the Court

Day, J. J.

Article II., section 3 of the constitution is as follows: “No county or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount in the aggregate exceeding five per centum on the value of the taxable property within such county or corporation, to be ascertained by the last State or county tax lists, previous to the incurring of such indebtedness.”

Whether there is any shade of difference, and if so what, between the words “political” and “ municipal,”as above used, it is not material to the question in hand to…

2Cited by18 opinions

  1. Doon Township v. CumminsSupreme Court of the United States · 1892
  2. Bexar-Medina-Atascosa Counties Water Improvement Dist. No. 1 v. StateCourt of Appeals of Texas · 1929
  3. Hanson v. City of CrescoSupreme Court of Iowa · 1906
  4. State Ex Rel. Iowa Employment Security Commission v. Des Moines CountySupreme Court of Iowa · 1967
  5. Dowlan v. County of SibleySupreme Court of Minnesota · 1887

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