Clark v. Wolf
Supreme Court of Iowa
Ajypeal from General Term, Eighth District (Johnson County). Monday, July 25. Petition for writ of certiorari. The plaintiff avers that he is the owner in fee of certain real property in Iowa City, Johnson county, which has been listed and assessed for taxation ; that the defendants, Lewis R. Wole and others, constitute the board of supervisors of said county, and the defendant, James Cavanaugh, is auditor of said county and clerk of said board.
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Ajypeal from General Term, Eighth District (Johnson County). Monday, July 25. Petition for writ of certiorari. The plaintiff avers that he is the owner in fee of certain real property in Iowa City, Johnson county, which has been listed and assessed for taxation ; that the defendants, Lewis R. Wole and others, constitute the board of supervisors of said county, and the defendant, James Cavanaugh, is auditor of said county and clerk of said board. That on the first day of September, 1853, the then judge of Johnson county, assuming to act under authority of a vote of a part of the people of the…
1Opinion of the CourtWright, J.
In view of the prior decisions of this court, there remains, in my opinion, but one question for our determination, and that is, whether plaintiff was barred of his rights as a judgment plaintiff by proceedings on the part of third persons against the judgment defendants, in another tribunal, and to which proceedings he was not a party by name. It seems to me, that as to all other matters and questions we are concluded by the expressed adjudication of the federal courts in these “ county or railroad bond cases,” as well as by long settled rules recognized by other courts, and by none more…
2Cases cited1 opinion
- Ex parte HolmanSupreme Court of Iowa · 1869
3Cited by46 opinions
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- Hovey v. ShepherdTexas Supreme Court · 1912
- Sauls v. FreemanSupreme Court of Florida · 1888
- Drainage District No. 1 Reformed v. MatthewsSupreme Court of Missouri · 1950
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