Brown v. Lambe
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. A. D. Bailie, Judge. Action in equity to restrain the defendant Lambe, who is treasurer of Palo Alto county, from proceeding to enforce the collection of certain taxes. An answer was hied, consisting of three divisions, to the second and third of which a demurrer was interposed and sustained. From the ruling thereon, the defendants appeal. —
1Opinion of the CourtBishop, C. J.
It is conceded that the questions raised by the second division of the answer, and the demurrer *405••thereto, are fully determined adversely to the ruling upon the demurrer by our holding in the recent cases of Galusha v. Wendt, 114 Iowa, 597, and Bell v. Stevens, 116 Iowa, 451. It follows that as to such division of the answer the ruling of the court below upon the demurrer must be reversed.
II. The allegations of the petition, as far as material •to an understanding of the matters alleged in the third -division of the answer, are that plaintiff Brown is the guardian of the property of one…
2Cases cited9 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- Hines v. Mullins ex rel. SmithSupreme Court of Georgia · 1858
- Harbaugh v. AlbertsonIndiana Supreme Court · 1885
- Bell v. StevensSupreme Court of Iowa · 1902
- Williams v. PoorSupreme Court of Iowa · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McDermott v. MahoneySupreme Court of Iowa · 1908
- Raher v. RaherSupreme Court of Iowa · 1911
- Hayward v. HaywardIndiana Court of Appeals · 1917
- Richardson v. RichardsonSupreme Court of Iowa · 1933
- Haddock v. MeagherSupreme Court of Iowa · 1917
2 more not listed; retrieve them via the Exa API.