McInerny v. Reed
Supreme Court of Iowa
Appeal from Des Moines District Court. Municipal corporations : grant op power to collect TAXES CONSTRUED 1 DEMURRER TO PETITION.-The petition, in substance, alleges, that defendant was and is the owner of iot 461 in Burlington.
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Appeal from Des Moines District Court. Municipal corporations : grant op power to collect TAXES CONSTRUED 1 DEMURRER TO PETITION.-The petition, in substance, alleges, that defendant was and is the owner of iot 461 in Burlington. That the city of Burlington (acting under section 25 of its charter; act of June 10, 1845), “ all conditions precedent having been complied with” (Bev. § 2922), ordered the grading and macadamizing of Division street in front of lot 461; that said improvement cost the city $184 T\\; which sum was levied as a special tax upon said lot; that remaining unpaid the lot…
1Opinion of the CourtDillon, J.
l. cokpohation taxes^power sale. The only provisions of the charter referred to, as empowering the city to make the improvements in question chargeable upon the property abutting upon the street thus improved, are sections 20 and 25 of the charter (act of June 10, 1845).
Section 20 has become misplaced, and should follow section 25 or be read in connection with it. By these sections the city is authorized “ to cause to be opened, paved or improved any street, on petition of not less than two-thirds of the number of owners bounding on such street, and to levy and collect a special tom for…
2Cases cited2 opinions
- Ham v. MillerSupreme Court of Iowa · 1866
- Anson v. AnsonSupreme Court of Iowa · 1865
3Cited by32 opinions
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- City of Henrietta v. EustisTexas Supreme Court · 1894
- City of Bayonne v. Murphy & Perrett Co.Supreme Court of New Jersey · 1951
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
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