Legal Opinion

Morford v. Unger

Supreme Court of Iowa

Decided April 7, 1859PublishedCited by 99 opinions

Appeal from the Muscatine District Court. This is an action of replevin, to recover the possession of certain personal property described intbe petition.

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Appeal from the Muscatine District Court. This is an action of replevin, to recover the possession of certain personal property described intbe petition. The defendant justified the taking of the property, as marshal of the city of Muscatine, averring that he took the property by virtue of a precept or •warrant, affixed to the tax list of said city, which was placed in his bands as his authority to collect the taxes due said city for the year 1857; and that he found the said plaintiff charged with the sum of $103,00, as taxes due said city, on the tax list so placed in his hands, &c. The…

1Opinion of the CourtStockton, J.

The only question to be considered in this case is, whether the act of the legislature of Iowa, approved July 14, 1856, entitled “An act to amend the act to incorporate the city of Muscatine” is constitutional. By this act, it is conceded the limits of the city of Muscatine were extended about one mile on the east, and about two miles on the north and west, beyond its former boundary. The plaintiff lived upon the territory brought into the city by the act aforesaid, upon land used exclusively for farming purposes, about one mile from the old city limits, and about the same distance from any…

2Cases cited8 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Davis v. StateCourt of Appeals of Maryland · 1854
  3. Santo v. StateSupreme Court of Iowa · 1855
  4. Geebrick v. StateSupreme Court of Iowa · 1858
  5. Belleville & Illinoistown Railroad v. GregoryIllinois Supreme Court · 1853

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3Cited by99 opinions

  1. People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
  2. Grant v. City of DavenportSupreme Court of Iowa · 1873
  3. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  4. State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
  5. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908

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