Edwards & Walsh Construction Co. v. Jasper County
Supreme Court of Iowa
Appeal from Jasper D-istriet Court. — Hon. A. H. Dewey, Judge. Action based on special assessments for the cost of paving laid in the streets of the city of Newton around the court house square in said city. The defendant county answered, asserting, among other things, that the square was exempt from assessment. The city contended that, as plaintiff accepted assessment certificates in full satisfaction of its claim, there was no liability on its part.
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Appeal from Jasper D-istriet Court. — Hon. A. H. Dewey, Judge. Action based on special assessments for the cost of paving laid in the streets of the city of Newton around the court house square in said city. The defendant county answered, asserting, among other things, that the square was exempt from assessment. The city contended that, as plaintiff accepted assessment certificates in full satisfaction of its claim, there was no liability on its part. Other issues were tendered, which, so far as material, Will be noticed in the body of the opinion. The trial court dismissed the petition, and…
1Opinion of the Court
Deemer, J. —
1 2 In May, 1846, commissioners appointed for that purpose located the seat of justice in Jasper county, and named it Newton. A survey and plat of the town was made by the county surveyor under the directions of the county commissoners. This plat showed what was called “a public square” near the center of the town. It also appears that these commissionérs obtained a patent for the land on which the town was situated June 1, 1848. This patent conveyed the land to said commissioners, as such, and to their successors in office forever. In 1849 a small court house and a jail were…
2Cases cited49 opinions
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- New Orleans v. WarnerSupreme Court of the United States · 1899
- Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
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3Cited by25 opinions
- Hale v. State Bd. of Assessment and ReviewSupreme Court of the United States · 1937
- City of Palmetto v. KatschSupreme Court of Florida · 1923
- City of Huntsville v. Madison CountySupreme Court of Alabama · 1910
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- City of Kalispell v. School District No. 5Montana Supreme Court · 1912
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