Legal Opinion

Wells v. Grubb

Supreme Court of Iowa

Decided June 6, 1882PublishedCited by 3 opinions

Appeal from Polk Circuit Court. This is an action of mandamus against the clerk and trustees of the township of Franklin, in Polk county, to enforce payment for a Wauchope Grader and Ditcher, purchased, as is alleged, for the use of said township.

Read the full summary

Appeal from Polk Circuit Court. This is an action of mandamus against the clerk and trustees of the township of Franklin, in Polk county, to enforce payment for a Wauchope Grader and Ditcher, purchased, as is alleged, for the use of said township. The first count of the petition alleges that the trustees of said township purchased for the use of said township, a Wauchope Grader and Ditcher, and agreed to pay therefor $675, and the freight amounting to $20.65, and issued therefor one order payable on demand for $95.65, and two orders for $300 each, payable respectively on the first day of…

1Opinion of the CourtDay, J.

1. TOWNSHIP trustees: purchase of machinery for working highways: setting apart tax. The authority-of the township trustees to purchase the grader in question is not denied. The only point relied upon by the appellants is, that the trustees had no authority to purchase the grader upon , , , , , , , x ci’ecllt> when no tax had been levied and set apart for fjie purchase thereof, and thus create a debt to be provided for out of taxes to be levied in future years.

*387Section 969 of the Code provides that the township trustees at their April meeting shall determine, “upon the amount of property tax…

2Cases cited2 opinions

  1. Township of West Bend v. MunchSupreme Court of Iowa · 1879
  2. Tobin v. Township of EmmetsburgSupreme Court of Iowa · 1879

3Cited by3 opinions

  1. Austin Western Co. v. Township of WeaverSupreme Court of Iowa · 1907
  2. Revolving Scraper Co. v. TuttleSupreme Court of Iowa · 1883
  3. F. C. Austin Mfg. Co. v. Twin Brooks Tp.South Dakota Supreme Court · 1902

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API