City of Marshalltown v. Forney
Supreme Court of Iowa
Appeal from, Tama Circuit Court. This action in equity was brought to obtain an injunction to prevent the defendants from occupying certain premises, to-wit, an alley, for the vacation of which certain proceedings by ordinance had been had by the city council of the plaintiff city, and over which alley the defendants had built an opera house.
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Appeal from, Tama Circuit Court. This action in equity was brought to obtain an injunction to prevent the defendants from occupying certain premises, to-wit, an alley, for the vacation of which certain proceedings by ordinance had been had by the city council of the plaintiff city, and over which alley the defendants had built an opera house. The action was also brought to set aside the ordinance, and for a decree that the defendants remove the obstruction from the alley and pay damages. The trial resulted in a decree for the plaintiff, and the defendants appealed to this court, and the…
1Opinion of the CourtAdams, J.
When this case was before us on the former appeal, it was held that, whatever rights the plaintiff had, they were not such as could be enforced in an action in equity. The plaintiff claimed that the defendants had forfeited their right to occupy the alley with their opera house, by reason of the breach of the condition upon which the ordinance vacating the alley was passed, which condition this court' held to be a condition subsequent. Mr. Justice Day, in delivering the opinion of the court, said: “ The condition is a condition subsequent, which, if not performed, operates to defeat vested…
2Cited by2 opinions
- Roth v. BoiesSupreme Court of Iowa · 1910
- Paige v. LindseySupreme Court of Iowa · 1886