City of Muscatine v. Keokuk Northern Line Packet Co.
Supreme Court of Iowa
Appeal from Muscatine Circuit Court. These two causes are submitted oh the same abstract and argument. In the second action the plaintiff seeks to recover of the defendant certain wharfage dues paid under protest, and tliQ issues in this action are like those presented in the other, except such as grow out of the right to recover back the money so paid.
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Appeal from Muscatine Circuit Court. These two causes are submitted oh the same abstract and argument. In the second action the plaintiff seeks to recover of the defendant certain wharfage dues paid under protest, and tliQ issues in this action are like those presented in the other, except such as grow out of the right to recover back the money so paid. The petition in the first action contains two counts — the first stating that the City of Muscatine was incorporated by an act of the legislature of Iowa, which, among other things, declared that the City of Muscatine “ should have control of…
1Opinion of the Court
Seevers, Ch. J.
I. As the city has not appealed from the ruling of the court sustaining the demurrer, the question thereby presented is not before us. For the purposes of this case, the decision of the Circuit Court in that respect must be deemed correct.
The Circuit Court must have found that the city had established and constructed a wharf, at which defendant’s boats landed, and therefrom, as a conclusion of law, found there was an implied promise to pay a reasonable compensation for the use of the wharf.
There was evidence to justify such finding, and we cannot, under tlie well established…
2Cases cited4 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Cox v. CollectorSupreme Court of the United States · 1871
- Wickliffe's Executors v. PrestonCourt of Appeals of Kentucky · 1862
- Lafayette & Indianapolis Railroad v. PattisonIndiana Supreme Court · 1872
3Cited by13 opinions
- Martin v. City of OskaloosaSupreme Court of Iowa · 1905
- Maxwell v. County of San Luis ObispoCalifornia Supreme Court · 1886
- City of Des Moines v. Iowa Telephone Co.Supreme Court of Iowa · 1917
- C. & J. Michel Brewing Co. v. StateSouth Dakota Supreme Court · 1905
- Medart Pulley Co. v. Dubuque Turbine & Roller Mill Co.Supreme Court of Iowa · 1903
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