Legal Opinion

City of Dubuque v. C. D. & M. R.

Supreme Court of Iowa

Decided October 24, 1877PublishedCited by 18 opinions

Appeal from the Dubuque District Gou/rt, This was an agreed case submitted to tbe court below on tbe following facts. Tbe Chicago, Dubuque ■ & Minnesota R. Company is organized under the laws of Iowa, with its principal place of business in the city of Dubuque.

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Appeal from the Dubuque District Gou/rt, This was an agreed case submitted to tbe court below on tbe following facts. Tbe Chicago, Dubuque ■ & Minnesota R. Company is organized under the laws of Iowa, with its principal place of business in the city of Dubuque. The road' owned by the company extends from Dubuque northerly along the Mississippi river, a distance of 118 miles, passing through Dubuque, Clayton and Allamakee counties, in Iowa, and through the towns of McGregor and Lansing, among .others. About three and a half miles of its track are in the corporate limits of the city of Dubuque.…

1Opinion of the Court

Rothrook, J., ■ stitutioifaion law. By the law of 1868 railroad companies were taxed one per cent on their gross earnings, one half to be paid to the State, and the other half to be apportioned to the respective counties through which the roads were located. The tax thus assessed to be in lieu 0f a|] taxeSj for any and all purposes, on the road-bed, track,- rolling stock, and necessary buildings for operating the road. Laws of 1868, page 281. Under that act it was held by this court in The Dunlieth & Dubuque Bridge Co. v. the City of Dubuque, 82 Iowa, 427, that the city pos*198sessed the power to…

2Cases cited7 opinions

  1. City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
  2. City of Davenport v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
  3. Tallman v. Treasurer of Butler CountySupreme Court of Iowa · 1861
  4. United States Express Co. v. EllysonSupreme Court of Iowa · 1869
  5. Faxton v. McCoshSupreme Court of Iowa · 1861

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3Cited by18 opinions

  1. State Ex Rel. Fletcher v. Executive CouncilSupreme Court of Iowa · 1929
  2. Smith v. ThompsonSupreme Court of Iowa · 1934
  3. Knorr v. BeardsleySupreme Court of Iowa · 1949
  4. Northwestern Mutual Life Insurance v. Lewis & Clarke CountyMontana Supreme Court · 1903
  5. Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901

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