Legal Opinion

Bartemeyer v. Rohlfs

Supreme Court of Iowa

Decided April 20, 1887PublishedCited by 2 opinions

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

  1. Risser & Reitz v. Martin & PhillipsSupreme Court of Iowa · 1892
  2. M. & I. S. R. v. HiamsSupreme Court of Iowa · 1880
  3. State v. FingerSupreme Court of Iowa · 1877

3Cited by2 opinions

  1. Clark v. RiddleSupreme Court of Iowa · 1897
  2. Kleise v. GalushaSupreme Court of Iowa · 1889

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