Slocum v. Fayette County
Supreme Court of Iowa
Appeal from Fayette CircvÁt Court. The plaintiff is a tax payer of Jefferson township, Fayette county. In April, 1878, the township trustees, as a board of equalization, raised his assessment from. $105 to $2,500. In May, 1880, he took an appeal from the township board of equalization to the circuit court, serving notice upon the county as well as the township trustees. The county appeared and filed a motion to dismiss the appeal, on the ground that it was taken too late.
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Appeal from Fayette CircvÁt Court. The plaintiff is a tax payer of Jefferson township, Fayette county. In April, 1878, the township trustees, as a board of equalization, raised his assessment from. $105 to $2,500. In May, 1880, he took an appeal from the township board of equalization to the circuit court, serving notice upon the county as well as the township trustees. The county appeared and filed a motion to dismiss the appeal, on the ground that it was taken too late. The motion was sustained and the appeal dismissed, and judgment was rendered against the plaintiff for costs. The…
1Opinion of the CourtAdams, J.
— A right of appeal from the action of a township board of equalization wTas given by the Code, § 831. As that section was first enacted, and as it stood at the time the right of appeal accrued in the case at bar, the time within which the right of appeal could be exercised was not limited. In Ingersoll v. The City of Des Moines, 46 Iowa, 554, it was contended that, notwithstanding the absence of express *170limitation, the right should be deemed to expire after the lapse of a reasonable time; but this court refused to sustain such position, and held that the time was unlimited. Mr. Justice Beck,…
2Cases cited11 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- State v. SquiresSupreme Court of Iowa · 1868
- Smith v. HumphreyMichigan Supreme Court · 1870
- City of Davenport v. D. & St. P. R.Supreme Court of Iowa · 1873
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3Cited by3 opinions
- Judkins v. TaffeOregon Supreme Court · 1891
- McQuesten v. MorrillWashington Supreme Court · 1895
- Beebe v. BirkettMichigan Supreme Court · 1896