Cantillon v. Dubuque & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. C. F. Couch, Judge. Action to restrain the collection of taxes voted in aid of defendant’s road. There was a judgment for plaintiff, and the defendant appeals.
1Opinion of the CourtGranger, J.
This case is before ns on rehearing,’ an opinion having been filed, affirming the judgment of the district court. At the former hearing the case was disposed of under the rulings in Manning v. Mathews, 66 Iowa, 675; Blunt v. Carpenter, 68 Iowa, 265; and *50Barthel v. Meader, 72 Iowa, 125, — the rule in such cases being that the alienation of the l’oad before completion, and after taxes voted in aid of its construction, works a forfeiture of the tax. Defendant urges upon the attention of the court the consideration that this case is distinguishable from those cited by its facts as to the alleged…
2Cases cited4 opinions
- Manning v. MathewsSupreme Court of Iowa · 1885
- Parsons v. ChildsSupreme Court of Iowa · 1872
- Barthel v. MeaderSupreme Court of Iowa · 1887
- Blunt v. CarpenterSupreme Court of Iowa · 1885
3Cited by3 opinions
- State v. BurtonSupreme Court of Iowa · 1897
- Sutherland v. SutherlandSupreme Court of Iowa · 1897
- Lowell v. Washington County RailroadSupreme Judicial Court of Maine · 1897