Butts v. Monona County
Supreme Court of Iowa
Appeal from Monona District Court. — Hon. George W. Wakefield, Judge. This is a suit in equity to enjoin and restrain the collection of certain taxes levied upon the property of the plaintiffs to pay for the construction of a ditch. There was a decree dismissing the petition, and the plaintiffs appeal.
1Opinion of the CourtRothrook, C. J.
I. The plaintiffs seek to enjoin the collection of the tax in controversy upon several grounds set forth in the petition. Some of the defects complained of pertain to the jurisdiction of the hoard of supervisors to levy the tax. It is also charged that the orders made by the board originated and were carried out by fraud, and that the tax was levied for private gain, and not in the interest of the tax payers, and that the ditch for which the tax was levied is of no benefit to the lands of the plaintiffs.
1 The proceedings for the construction of the diteh were had under chapter 186 of the Acts…
2Cases cited1 opinion
- Yeomans v. RiddleSupreme Court of Iowa · 1891
3Cited by5 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- State ex rel. Harris v. HansonNebraska Supreme Court · 1908
- Oliver v. Monona CountySupreme Court of Iowa · 1902
- Reed v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Mackay v. Hancock CountySupreme Court of Iowa · 1908