Legal Opinion

Miller v. Merriam

Supreme Court of Iowa

Decided April 4, 1895PublishedCited by 4 opinions

Appeal from Delaware District Court. — -Hon. John J. Net, Judge. Action in equity to have declared void a special election held to determine whether a courthouse should be built, and to authorize the use of certain, funds in building it, and to enjoin the defendants and their successors in office from adopting measures to build a court house, and from using money of the county for that purpose. There was a hearing on the merits, and a decree for the defendants.

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Appeal from Delaware District Court. — -Hon. John J. Net, Judge. Action in equity to have declared void a special election held to determine whether a courthouse should be built, and to authorize the use of certain, funds in building it, and to enjoin the defendants and their successors in office from adopting measures to build a court house, and from using money of the county for that purpose. There was a hearing on the merits, and a decree for the defendants. The plaintiffs appeal.—

1Opinion of the CourtRobinson, J.

The pleadings and an agreement of the parties show the following facte: The plaintiffs are citizens and taxpayers of Delaware county, and bring this action for themselves and' for the benefit of others interested in the questions involved. The defendants are members of the board of supervisors of Delaware county. At a session of that board held in June, 1893, a special election was ordered to be held in the county on the twenty-second day of the next August, on questions which were set out in the notice of election, of which the parts material for our consideration are as follows: “Special…

2Cases cited1 opinion

  1. Starr & Rand v. Board of SupervisorsSupreme Court of Iowa · 1867

3Cited by4 opinions

  1. Corey v. ShermanSupreme Court of Iowa · 1895
  2. McLeod v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897
  3. Bach v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
  4. State Ex Rel. Sathre v. HoptonNorth Dakota Supreme Court · 1936

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