Coffin v. City Council
Supreme Court of Iowa
Appeal from Scott District Gourt. Action of mandamus under chapter 153 of the Revi» sion of 1860. The plaintiff states that he holds certain judgments against the city of Davenport, amounting to 10,000 dollars, specifying the dates of recovery, amount, etc.; that executions have been issued, and returned no property ; that the city has no property subject to execution ; that the assessed value of the taxable property therein is about $5,000,000 ; that such assessed value is…
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Appeal from Scott District Gourt. Action of mandamus under chapter 153 of the Revi» sion of 1860. The plaintiff states that he holds certain judgments against the city of Davenport, amounting to 10,000 dollars, specifying the dates of recovery, amount, etc.; that executions have been issued, and returned no property ; that the city has no property subject to execution ; that the assessed value of the taxable property therein is about $5,000,000 ; that such assessed value is not more than half the real cash value ; that it is purposely assessed below its real value, to make it appear that the…
1Opinion of the Court
OOLE. J
1. Appeal: motion for new trial : constitutional law. There was no motion made in the District Court for a new triaL No jury was demanded or expressly waived, but the cause was tried to the court and the facts and law found, as shown by the foregoing statement. Under our Oode, the pleadings and proceedings in an action in which a mandamus is claimed are the same, as nearly as may be, as in an ordinary action. Rev. § 3~'66; see also, §~ 2611, 2612; and our Constitution provides (a?t~ 5): "Sec. 4. The Supreme Court shall have appellate jurisdiction only in cases in chancery, and shall…
2Cited by11 opinions
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Spilman v. City of ParkersburgWest Virginia Supreme Court · 1891
- Pettibone v. West Chicago Park CommissionersIllinois Supreme Court · 1905
- Clay County v. McAleerSupreme Court of the United States · 1885
- Foland v. Town of FranktonIndiana Supreme Court · 1895
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