Sperry v. Kretchner
Supreme Court of Iowa
Affeal from Montgomery Circuit Court. The plaintiff, wbo is a tax-payer in Montgomery county, seeks by tbis action to enjoin the defendants, who are members of the board of supervisors of said county, from carrying out a certain contract or resolution of the board, by which certain printing was awarded to four newspapers within the county. An answer was filed, and there was a. motion made to strike out certain parts of it, which motion was sustained.
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Affeal from Montgomery Circuit Court. The plaintiff, wbo is a tax-payer in Montgomery county, seeks by tbis action to enjoin the defendants, who are members of the board of supervisors of said county, from carrying out a certain contract or resolution of the board, by which certain printing was awarded to four newspapers within the county. An answer was filed, and there was a. motion made to strike out certain parts of it, which motion was sustained. Defendants did not amend their answer, and they appeal.
1Opinion of the CourtRothrock, J.
At a former term of this court we dismissed the appeal, upon the ground that the amout in controversy, as shown by the pleadings, did not exceed $100, and there was no certificate of the trial judge authorizing an appeal. A petition for rehearing was filed by aj>pellant, and a re-exainination of the case leads us to the conclusion that the pleadings do not affirmatively show that the amount in controversy does not exceed $100, and that appellant is entitled to a determination of the appeal on its merits.
The foliowiug is a copy of the resolution of the board which gave rise to the controversy:…
2Cases cited2 opinions
- McBride v. Hardin CountySupreme Court of Iowa · 1882
- Haislett v. County of HowardSupreme Court of Iowa · 1882
3Cited by4 opinions
- Shoemaker v. City of Des MoinesSupreme Court of Iowa · 1906
- Security National Bank v. BagleySupreme Court of Iowa · 1926
- Clay v. Independent School DistrictSupreme Court of Iowa · 1919
- Semones v. NeedlesSupreme Court of Iowa · 1908