Henderson v. Simpson
Supreme Court of Iowa
Appeal from Sac District Court. The plaintiff is supervisor of Road District No. 1, of Clinton township, Sac county, Iowa. The defendant is clerk of said township.
Read the full summary
Appeal from Sac District Court. The plaintiff is supervisor of Road District No. 1, of Clinton township, Sac county, Iowa. The defendant is clerk of said township. The petition avers that, the treasurer of Sac county has collected and paid over to the defendant $147.16 of the road fund' of said township, which said sum was wholly collected within the limits of said district No. 1; that it is the duty of the defendant to pay over the same to the plaintiff, to be by him expended in working and repairing the highways in said district; that he had demanded said money of the defendant, but that…
1Opinion of the CourtAdams, J.
The tools and machinery necessary for the construction and repair of highways are to be owned, not by the several road districts, but by the township. Guide boards are to be put up by the township. It is necessary, therefore, that there should be a township .fund in distinction from the several district funds.
By section 970 of the Code it is provided that “the township trustees shall set apart such portion of the road tax as they may deem necessary for the purchase of tools, machinery,” etc.' It is made the duty of each supervisor to collect the *521road tax in his district and pay over to the…
2Cited by3 opinions
- Bradley & Nicoulin v. LoveSupreme Court of Iowa · 1888
- Cass County Bank v. ConradSupreme Court of Iowa · 1890
- Miller v. HinkeSupreme Court of Iowa · 1907