Swanson v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello D'istrict Court.— Hon. F. W. Eiohelberger and M. A. Roberts, Judges. Suit in equity to enjoin the defendant city, its officers and agents, from paying certain bonds or the interest coupons therein, or from appropriating any money for the payment thereof.
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Appeal from Wapello D'istrict Court.— Hon. F. W. Eiohelberger and M. A. Roberts, Judges. Suit in equity to enjoin the defendant city, its officers and agents, from paying certain bonds or the interest coupons therein, or from appropriating any money for the payment thereof. Defendants Lambert and the National Life Insurance Company, holders of said bonds, were made parties, and as to them the relief asked was that they be enjoined from presenting the same, from demanding or receiving anything from the city thereon, and that the bonds and coupons thereto attached be canceled. The city and its…
1Opinion of the Court
Deemer, J. —
Prom the pleadings we extract the following facts, which are deemed material to a proper determination of the case:
In the year 1893, the Chicago, Pt. Madison & Des Moines Railroad Company, an Iowa corporation, had built and was operating a line of railroad from Ft. Madison to the city of Ottumwa. The city was desirous of making a donation to this company of a site for depot grounds, machine shops, etc., under chapter 133, Acts 19th Gen. Assem. The railway company had already selected grounds for these purposes at a much lower price than the city was able' to do, and so it proposed…
2Cases cited39 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Dixon County v. FieldSupreme Court of the United States · 1884
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Mayor v. RaySupreme Court of the United States · 1874
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3Cited by14 opinions
- Zinn v. Ex-Cell-O Corp.California Court of Appeal · 1957
- State v. O'NeilSupreme Court of Iowa · 1910
- Weil v. Mayor of NewbernTennessee Supreme Court · 1912
- Crigler v. SheplerSupreme Court of Kansas · 1909
- Lumbermen's Trust Co. v. Town of RyegateCourt of Appeals for the Ninth Circuit · 1932
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