Legal Opinion

Christ v. City of Webster City

Supreme Court of Iowa

Decided April 8, 1898PublishedCited by 16 opinions

Appeal from Hamilton District Court. — Hon. B. P. Birdsall, Judge. This is a proceeding, under section® 440 to 446, inclusive, of the Code of 1873, to' strike certain territory out of the limits of the defendant city. The case was tried to a jury, and a verdict returned as follows: “We, the jury, find for the defendant, that the territory described! in the plaintiffs’ petition and plat thereto attached should not be severed from said city.”

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Appeal from Hamilton District Court. — Hon. B. P. Birdsall, Judge. This is a proceeding, under section® 440 to 446, inclusive, of the Code of 1873, to' strike certain territory out of the limits of the defendant city. The case was tried to a jury, and a verdict returned as follows: “We, the jury, find for the defendant, that the territory described! in the plaintiffs’ petition and plat thereto attached should not be severed from said city.” Plaintiff’s motion for a new trial was overruled, and judgment entered for the defendant for costs. Plaintiffs appeal. —

1Opinion of the CourtGtven, J.

1 — I. Said section 440 provides that, when the inhabitants of a part of any town or city shall desire to have the part of the territory of such city or town in which they reside severed from the city or town, “they may apply by petition in writing, signed by a majority of the resident property holders of that part of the territory.” Said section 443 provides that, if the court or jury shall be satisfied that the petition has been signed by a majority of the property holders residing within the limits of the piart sought to be detached, they shall proceed to inquire as to the other matters…

2Cases cited4 opinions

  1. Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
  2. State v. PugsleySupreme Court of Iowa · 1888
  3. Davenport v. CummingsSupreme Court of Iowa · 1863
  4. Jones v. BerkshireSupreme Court of Iowa · 1863

3Cited by16 opinions

  1. Nicholson v. City of Des MoinesSupreme Court of Iowa · 1954
  2. State v. DudleySupreme Court of Iowa · 1910
  3. Hanson v. City of CrescoSupreme Court of Iowa · 1906
  4. Klosterman v. City of ElktonSouth Dakota Supreme Court · 1928
  5. McMahon v. Iowa Ice Co.Supreme Court of Iowa · 1907

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