Baird v. Omaha & Council Bluffs Railway & Bridge Co.
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. — Hon. E. E. Ayleswobth, Judge. Plaintiee, as assignee of the claims of a number of taxpayers, seeks to recover the amounts paid by them to aid in the construction of a bridge over the Missouri river between Council Bluffs, Iowa, and Omaha, Neb. He had judgment in the trial court, and defendants bring the case here on appeal.
1Opinion of the CourtWaterman, J.
In the case of Smith against these same defendants (91 Iowa, 515), which was an action by an assignee of a part of the tax in question to recover the same, we held the plaintiff had a right of action, and affirmed a judgment in his favor for the amount claimed. The ruling in that case is not questioned here. The only defense interposed is the statute of limitations.
1 II. Before taking up the case on its merits, we have to dispose of a claim made by appellee that the appeal was not taken in time. On April 1, 1898, the trial court entered a finding that plaintiff was entitled to recover, and…
2Cases cited12 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Beecher v. County of ClaySupreme Court of Iowa · 1879
- Giddings v. GiddingsSupreme Court of Iowa · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ogg v. RobbSupreme Court of Iowa · 1917
- Prescott v. BrownSupreme Court of Oklahoma · 1911
- McAllister v. McAllisterSupreme Court of Iowa · 1921
- Cole v. Charles City National BankSupreme Court of Iowa · 1901
- West v. FrySupreme Court of Iowa · 1907