City of Sioux City v. Weare
Supreme Court of Iowa
Appeal from Woodbury District Court. Action to recover tbe amount of a judgment obtained against tbe plaintiff city by one Green, for a personal inj ury caused by an obstruction of a street by dirt placed in tbe street by tbe defendants. Tbe plaintiff avers that the defendants were notified of tbe action in which tbe judgment was obtained; that tbe plaintiff has paid tbe judgment, and that the defendants have become liable to reimburse tbe plaintiff for tbe amount thereof.
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Appeal from Woodbury District Court. Action to recover tbe amount of a judgment obtained against tbe plaintiff city by one Green, for a personal inj ury caused by an obstruction of a street by dirt placed in tbe street by tbe defendants. Tbe plaintiff avers that the defendants were notified of tbe action in which tbe judgment was obtained; that tbe plaintiff has paid tbe judgment, and that the defendants have become liable to reimburse tbe plaintiff for tbe amount thereof. The defendants deny the payment, and avér that tbe plaintiff entered into an agreement with tbe defendants whereby it…
1Opinion of the CourtAdams, J.
I. The plaintiff introduced evidence showing that it issued to Green its six per cent-negotiable bonds, which were received by him in payment and satisfaction of the judgment. After the introduction of such evidence, and on the second day of the trial, the defendants filed an amendment to their answer in which they averred that the bonds were issued without authority of law, and were void and constituted no -payment of the judgment. They averred that, at the time of the issuance of the bonds, the plaintiff city had already issued its bonds in anticipation of its revenues in excess of five per…
2Cases cited3 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Soens v. City of RacineWisconsin Supreme Court · 1860
- Hardin v. BrannerSupreme Court of Iowa · 1868
3Cited by13 opinions
- Doon Township v. CumminsSupreme Court of the United States · 1892
- Heins v. LincolnSupreme Court of Iowa · 1897
- Edmundson v. Independent School DistrictSupreme Court of Iowa · 1896
- Swanson v. City of OttumwaSupreme Court of Iowa · 1906
- City of Des Moines v. Des Moines Water Co.Supreme Court of Iowa · 1920
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