Williams v. Peinny
Supreme Court of Iowa
Appeal from Fremont District Court. The petition shows that plaintiffs are citizens and tax payers of Benton township, in Fremont county, having property therein upon which they are liable to pay taxes; that in 1866, Tliorngate, Blanchard and Beebont were the sub-directors in the district township of Benton, Peinny the treasurer, and Davis the secretary; and that said Peinny, Blanchard and Beebont, are still in office, etc.
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Appeal from Fremont District Court. The petition shows that plaintiffs are citizens and tax payers of Benton township, in Fremont county, having property therein upon which they are liable to pay taxes; that in 1866, Tliorngate, Blanchard and Beebont were the sub-directors in the district township of Benton, Peinny the treasurer, and Davis the secretary; and that said Peinny, Blanchard and Beebont, are still in office, etc. In April of that year, the electors of said district township appropriated $300 to repair the school-house in subdistrict No. 2 in said township. No record was made of…
1Opinion of the Court
"Weight, J.
*4381. injunction: parties. *437I. The objections that plaintiffs are not the proper parties, and that there is a plain and adequate *438remedy at law, are without force. As tax payers and residents of said district, they would have a right to ask the courts to restrain the collection of a tax levied without authority of law. They have such an interest in the question as entitles them to be thus heard. It is idle in such a case to talk about turning each tax payer over to his remedy at law against the officers upon their official bond or otherwise.
2. Schools: repairs. II. But the more important…
2Cited by9 opinions
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- Johnson v. HahnNebraska Supreme Court · 1875
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
- Northern Pacific Railroad v. CarlandMontana Supreme Court · 1884
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