Lyman v. Faris
Supreme Court of Iowa
Appeal from am, order of Hon. L. O. Blanchard, Judge of the Marion Oircwit Ooumt. The plaintiffs presented a jietition to the judge of the court below in which it was alleged that they were tax payers in Liberty township, Marion county, and that a certain tax of five per cent upon the taxable property of said township, levied in aid of the construction of the Albia, Knoxville & Des Moines Railroad was illegal and void, and praying that the defendant Faris, who is the…
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Appeal from am, order of Hon. L. O. Blanchard, Judge of the Marion Oircwit Ooumt. The plaintiffs presented a jietition to the judge of the court below in which it was alleged that they were tax payers in Liberty township, Marion county, and that a certain tax of five per cent upon the taxable property of said township, levied in aid of the construction of the Albia, Knoxville & Des Moines Railroad was illegal and void, and praying that the defendant Faris, who is the treasurer of the county, be enjoined from collecting the same. An order was made requiring notice of the application for…
1Opinion of the CourtEoturock, J.
i. bes abjttUdiWoftax: action against put*lie officer, Tbe question as to tbe validity of tbe tax in controversy has already been before tbis court in tbe cases of Merrill v. Welsher et al. and Merrill v. Faris, 50 Iowa, 61. One of those actions was brought . . , ° . against tbe board oí supervisors to obtain a writ of certiorari to test tbe authority and power of tbe board to pass a certain resolution declaring said tax abated, and directing tbe county treasurer not to collect it. Tbe other action was brought against tbe treasurer to obtain a writ of memdarrms to compel tbe collection of tbe…
2Cases cited2 opinions
- Clark v. WolfSupreme Court of Iowa · 1870
- Merrill v. WelsherSupreme Court of Iowa · 1878
3Cited by15 opinions
- Ulrich v. DrischellIndiana Supreme Court · 1882
- Bernhard v. WallCalifornia Supreme Court · 1921
- Iowa National Bank v. StewartSupreme Court of Iowa · 1930
- Long v. WilsonSupreme Court of Iowa · 1903
- Cannon v. NelsonSupreme Court of Iowa · 1891
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