Nefzger v. D. & St. P. Railway
Supreme Court of Iowa
Appeal from Fcvyette Distrriet Court. Action to restrain the collection of a tax of five per cent voted in - aid of the Davenport & St. Paul Railway Co. The petition states, in substance, that plaintiff is a tax payer of Wertfield Township, Fayette county, and that a petition was presented to the Township trustees, of said township, asking that the question of aiding the construction of the Davenport & St. Paul Railway be submitted to the legal voters of said township.
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Appeal from Fcvyette Distrriet Court. Action to restrain the collection of a tax of five per cent voted in - aid of the Davenport & St. Paul Railway Co. The petition states, in substance, that plaintiff is a tax payer of Wertfield Township, Fayette county, and that a petition was presented to the Township trustees, of said township, asking that the question of aiding the construction of the Davenport & St. Paul Railway be submitted to the legal voters of said township. That 37 of the signers of this petition were not resident tax payers of said township, and by reason thereof one-third the…
1Opinion of the CourtDay, J.
We deem it necessary to consider only the second ground of relief, stated in plaintiff’s petition, to wit: The entire disregard of the provisions of the registry law; for it seems to us that upon that ground, if upon none other, the action of the court below is fully sustained. Section 8, chap. 172, Laws Twelfth General Assembly, provides that “ no vote shall be received at any general or special election, hereafter held in this State, from any person whose name does not appear on the register, unless the person offering to vote shall furnish the judges of election his affidavit, showing that…
2Cases cited2 opinions
- State v. HilmantelWisconsin Supreme Court · 1867
- People ex rel. Foley v. KopplekomMichigan Supreme Court · 1868
3Cited by4 opinions
- State ex rel. Harrison v. FrazierSupreme Court of Missouri · 1889
- State ex rel. Walker v. BridgesNew Mexico Supreme Court · 1921
- Butler v. Board of SupervisorsSupreme Court of Iowa · 1877
- Fish v. KugelSupreme Court of Colorado · 1916