Scott v. City of Davenport
Supreme Court of Iowa
Appeal from Scott District Court. This is a suit in equity brought by Thomas Scott and others, citizens and tax payers of the city of Davenport, against the city, for the purpose of restraining it, by injunction, from issuing the bonds of the city for the sum of $300,000, for the purpose of borrowing money to erect “water-works ” in and for the use'of the city, which, it is alleged, the city authorities are about to issue contrary to law.
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Appeal from Scott District Court. This is a suit in equity brought by Thomas Scott and others, citizens and tax payers of the city of Davenport, against the city, for the purpose of restraining it, by injunction, from issuing the bonds of the city for the sum of $300,000, for the purpose of borrowing money to erect “water-works ” in and for the use'of the city, which, it is alleged, the city authorities are about to issue contrary to law. The answer admits, substantially, all the facts alleged in the petition, and sets out at length the ordinance passed by the city council, “ authorizing a…
1Opinion of the CourtMiller, J.
The ordinance providing for a loan by the city of $300,000, for the purpose of erecting water-works, was passed December 6, 1871. The petition for the injunction was filed January 21, 1872; and the grounds upon which the injunction is asked are, that the taxable property within the city, as appears by the tax list of 1871, amounted to $3,653,737.33, and for 1870, to the sum of $3,971,520; that the present indebtedness (exclusive of said proposed loan of $300,000) is $362,300, being more than five per centum on the assessed valuation of either of those years, and that, under the constitution…
2Cases cited1 opinion
- Dively v. City of Cedar FallsSupreme Court of Iowa · 1869
3Cited by16 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Doon Township v. CumminsSupreme Court of the United States · 1892
- City of Laporte v. Gamewell Fire Alarm Telegraph Co.Indiana Supreme Court · 1896
- Voss v. Waterloo Water Co.Indiana Supreme Court · 1904
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