Hintrager v. Richter
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. D. J. Linehan and J. J. Ney, Judges. Action to recover of the defendant Eichter and the other defendants, who are sureties upon his official bond as auditor of the city of Dubuque, certain money alleged to be due the plaintiff from Eichter as auditor, and which Eichter refuses to pay. There was an answer pleading certain defenses, to which the plaintiff ■demurred.
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Appeal from Dubuque District Court. — Hon. D. J. Linehan and J. J. Ney, Judges. Action to recover of the defendant Eichter and the other defendants, who are sureties upon his official bond as auditor of the city of Dubuque, certain money alleged to be due the plaintiff from Eichter as auditor, and which Eichter refuses to pay. There was an answer pleading certain defenses, to which the plaintiff ■demurred. The demurrer was sustained, and, the defendants refusing to plead further, judgment was rendered against them. From this ruling and judgment the defendants appeal.
1Opinion of the CourtKinne, J.
It appears from the petition that in 1876 certain real estate, then the homestead of George Burden and Eliza A., his wife, was sold to E. E. Bishop for taxes due the city of Dubuque for 1874. That a certificate of purchase was executed to .Bishop, and he, on June 21, 1876, assigned the same to the plaintiff, who still owns and holds it. The assignment was placed upon record in the office of the city treasurer, as required by an ordinance of the city. That on February 6,1877, the city council of Dubuque adopted the following resolution: “Eesolved, that George and Eliza Burden pay to the city…
2Cases cited3 opinions
- Byington v. BookwalterSupreme Court of Iowa · 1859
- Turner v. CruzenSupreme Court of Iowa · 1886
- Hintrager v. RichterSupreme Court of Iowa · 1888
3Cited by4 opinions
- Richards v. Klickitat CountyWashington Supreme Court · 1896
- State ex rel. United States Fidelity & Guaranty Co. v. HartySupreme Court of Missouri · 1919
- Blair v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1899
- Curran v. RylandSupreme Court of Iowa · 1916