Miller v. Hinke
Supreme Court of Iowa
Appeal from Jackson District Court.— Hon. A. J. House, Judge. Action by plaintiff, as owner by assignment, to recover the amounts of several orders issued against the funds of certain road districts of the township of which defendants are trustees and clerk, for material furnished and labor performed in the -repair of the roads in said districts. A demurrer to the petition was sustained, and, from a judgment in favor of the defendants, the plaintiff appeals.—
1Opinion of the CourtMcClain, J.
The orders or warrants sued on were issued more than ten years before the institution 'of this action, by the trustees of Bellevue township, in Jackson county, upon the road fund of the township for material furnished and labor performed in the repairing of the roads in the several road districts of said township. At the time these orders were issued, the trustees of the township had authority to levy a tax for roads, bridges, etc., and for the purchase of tools and machinery adapted to the construction and repair of the roads, and to set apart such portion of the tax as might be necessary…
2Cases cited4 opinions
- Bradley & Nicoulin v. LoveSupreme Court of Iowa · 1888
- Henderson v. SimpsonSupreme Court of Iowa · 1877
- Howegler v. GreinerSupreme Court of Iowa · 1893
- Cass County Bank v. ConradSupreme Court of Iowa · 1890