Bartemeyer v. Rohlfs
Supreme Court of Iowa
Appeal from Sooti District Court. Tuts is an action in equity by which the plaintiffs, who are tax-payers of the city of Davenport, seek to enjoin,the collection of a tax voted by the legal voters of said city to aid in the construction of a railroad projected by the Davenport, Iowa & Dakota Railroad Company, defendant. Tlie cause was submitted to the court below upon a petition, answer and^reply, and upon certain exhibits and affidavits.
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Appeal from Sooti District Court. Tuts is an action in equity by which the plaintiffs, who are tax-payers of the city of Davenport, seek to enjoin,the collection of a tax voted by the legal voters of said city to aid in the construction of a railroad projected by the Davenport, Iowa & Dakota Railroad Company, defendant. Tlie cause was submitted to the court below upon a petition, answer and^reply, and upon certain exhibits and affidavits. Hpon the record thus made, the plaintiffs moved the court to grant a .temporary injunction restraining the defendant Rohlfs, who is treasurer of the county,…
1Opinion of the CourtRothrock, J.
I. The material facts in the case are not *584in dispute. The plaintiffs concede that an election was held, in pursuance of a petition for that purpose, signed by the requisite number of the legal voters of the city, and that at said election a majority of those who voted cast their ballots for the tax. It is contended, however, that the tax is illegal and void for a number of reasons, which we will proceed to consider.
The city of Davenport is organized under a special charter. By virtue of its charter, all city taxes are assessed, levied and collected by officers and agents of the city,…
2Cases cited3 opinions
- Risser & Reitz v. Martin & PhillipsSupreme Court of Iowa · 1892
- M. & I. S. R. v. HiamsSupreme Court of Iowa · 1880
- State v. FingerSupreme Court of Iowa · 1877
3Cited by2 opinions
- Clark v. RiddleSupreme Court of Iowa · 1897
- Kleise v. GalushaSupreme Court of Iowa · 1889