Tuttle v. Polk & Hubbell
Supreme Court of Iowa
Appeal from Polk District Cowrt. — Hon. Marcus Kavanagh, Jr., Judge. Action upon a written instrument known as a “paving certificate,” issued by authority of the council oí the city of Des Moines on account of paving a street in front of certain lots owned by the defendants. There was a hearing by the court, and a judgment for the plaintiff, and a decree making said judgment a lien upon the said lots. The defendants appeal.
1Opinion of the CourtBothrock, J.
I. The paving, the payment for which is in controversy in this action, is the same as that which was involved in the case of Coggeshall v. City of Des Moines, 78 Iowa, 235. It is unnecessary to refer to that case further than to say that it was held therein that, because the city council did not determine the kind and quantity of material to be used in the work in advance of advertising for bids of contractors, the contract was void. While the above-cited case was pending, the suit at bar and other actions were commenced by the contractors or their assignees upon the paving certificates which…
2Cases cited6 opinions
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- State v. SquiresSupreme Court of Iowa · 1868
- Haskel v. City of BurlingtonSupreme Court of Iowa · 1870
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
- Boardman v. BeckwithSupreme Court of Iowa · 1865
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3Cited by22 opinions
- Ferry v. CampbellSupreme Court of Iowa · 1900
- City of Clinton v. WallikerSupreme Court of Iowa · 1896
- Tuttle v. PolkSupreme Court of Iowa · 1894
- Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
- Schwarzkopf v. Sac County Board of SupervisorsSupreme Court of Iowa · 1983
17 more not listed; retrieve them via the Exa API.