Legal Opinion

Plagmann v. City of Davenport

Supreme Court of Iowa

Decided December 11, 1917PublishedCited by 6 opinions

Appeal from Scott District Court. — Wm. Tiieophilus, Judge. Suit in equity to enjoin the collection of a special assessment levied on plaintiff’s property for the cost of paving the street upon which it abuts. There was a decree for plaintiff, and defendants appeal.

1Opinion of the CourtWeaver, J.

1. Fraud : pleading : sufficiency. The petition in this action was filed January 16, 1916. It alleges that plaintiff is a resident taxpayer of the city *1213of Davenport and owns a certain lot fronting on Fillmore Street in that city; that, on March 16, 1909, the city entered into a written contract with the Davenport Granitoid Company for the paving of Fillmore Street; that on November 9, 1909, the cost of such paving in front of said lot was assessed and levied thereon, and made payable in seven successive annual installments; that plaintiff, without any knowledge of fraud committed in the…

2Cases cited2 opinions

  1. Crowley v. City of MilwaukeeWisconsin Supreme Court · 1917
  2. Gaastra v. City of KenoshaWisconsin Supreme Court · 1911

3Cited by6 opinions

  1. Oliver v. Bd. of Trsts. of Town of AlamogordoNew Mexico Supreme Court · 1931
  2. Mountain Cement Co. v. South of Laramie Water & Sewer DistrictWyoming Supreme Court · 2011
  3. American Laundry Machinery Co. v. Everybody's LaundrySupreme Court of Iowa · 1919
  4. POSTAL FINANCE COMPANY v. LangtonSupreme Court of Iowa · 1969
  5. State ex rel. Speer V. District Court for Sierra CountyNew Mexico Supreme Court · 1968

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