Dewey v. City of Des Moines
Supreme Court of Iowa
Appeal from, Polk District Court. — Hon. C. P. Holmes, Judge. This is an action in equity begun in April, 1894, to set aside a special assessment for paving East'Grand averme, in the city of Des Moines, between Eighteenth street, on the west, and the State Fair Grounds, on the east, upon which street, and between the points named, plaintiff’s lots abut.
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Appeal from, Polk District Court. — Hon. C. P. Holmes, Judge. This is an action in equity begun in April, 1894, to set aside a special assessment for paving East'Grand averme, in the city of Des Moines, between Eighteenth street, on the west, and the State Fair Grounds, on the east, upon which street, and between the points named, plaintiff’s lots abut. Certificates were issued to the contractors doing the work, and were by them assigned to the defendant the Des Moines Brick Manufacturing Company. The latter company filed an answer and a counter-claim against plaintiff and the lots in…
1Opinion of the CourtKinne, C. J.
*4191 *4202 3 *4214 *4235 *418I. We proceed to a consideration of the questions involved in this appeal in the order in which they are presented by the appellant. The first claim is that the city had no power to pave the street in question at the expense of the abutting property owners, and that the improvement and special assessments were fraudulent, oppressive and void. It is to be remembered that, under the agreement of *419the parties, plaintiff does not claim that there was any actual or intentional fraud or collusion on the part of the city council or board of public works, but only fraud and collusion in law, as…
2Cases cited17 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Warren v. HenlySupreme Court of Iowa · 1870
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3Cited by25 opinions
- Duncan v. RamishCalifornia Supreme Court · 1904
- Peavy v. McCombsIdaho Supreme Court · 1914
- Allen v. City of DavenportSupreme Court of Iowa · 1898
- Denny v. Des Moines CountySupreme Court of Iowa · 1909
- Bennett v. City of MarionSupreme Court of Iowa · 1898
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