Eckerson v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. James A. Howe, Judge. Action iu equity for an in junctional decree. A. M. Huston and tbe board of park commissioners of the city of Des Moines intervened, and filed petitions respectively. The petitions of plaintiffs and the several petitions of the interveners were held bad on demurrer, and from the ruling entered, plaintiffs and interveners appeal.
1Opinion of the CourtBishop, J.
The defendant city of Des Moines is a city of the first class, organized under the general statute, and having a population of over forty thousand. The other defendants are the mayor, treasurer, and members of the city council of said city. The plaintiffs and the intervener Huston are residents, citizens, and taxpayers of said city, and the intervener board of park commissioners of the city of Des Moines is a body existing adjunct to said city in virtue of the provisions of chapter 9, title 5, of the Code. This action grows out of an attempt on the part of the defendant city to advantage…
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