Harwood v. Quinby
Supreme Court of Iowa
Appeal from Floyd District Court. This action was commenced on the 6th day of' November, 1874. The petition states that in 1868 the Cedar Ealls & Minnesota Railroad Company had in part constructed its road from Cedar Falls in a northwesterly direction through Floyd county to the State line, and in order to induce the location of said road through section 15, in township 94 north of range 16 west, conferences were held between the representatives of said company and the…
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Appeal from Floyd District Court. This action was commenced on the 6th day of' November, 1874. The petition states that in 1868 the Cedar Ealls & Minnesota Railroad Company had in part constructed its road from Cedar Falls in a northwesterly direction through Floyd county to the State line, and in order to induce the location of said road through section 15, in township 94 north of range 16 west, conferences were held between the representatives of said company and the citizens of Floyd township in said county, which resulted in calling an election on the 28th day of October, 1868, for the…
1Opinion of the Court
Seevees, Ch. J.
i. taxation: roadf°f laÜ I. The tax was voted in October, 1868, and the road was completed, as alleged in the answer, as early as August, 1869, and this action was commenced in November, 1874; therefore not only three, but five, years had elapsed between the completion of the road and the commencement of this action.
It was held, in Prescott v. Gonser, 34 Iowa, 175, that the' statute of limitations of three 3rears barred an action brought against a county auditor for the omission of an official duty. Conceding the principle determined in that case to apply in this (which…
2Cases cited4 opinions
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- Prescott v. GonserSupreme Court of Iowa · 1872
- Muscatine Western R. R. v. HortonSupreme Court of Iowa · 1873
- Higgins v. MendenhallSupreme Court of Iowa · 1876
3Cited by13 opinions
- State Ex Rel. Fletcher v. District CourtSupreme Court of Iowa · 1931
- O'Bryan v. City of OwensboroCourt of Appeals of Kentucky · 1902
- French v. JonesMassachusetts Supreme Judicial Court · 1906
- Ind. Dist. of Sheldon v. Board of SupervisorsSupreme Court of Iowa · 1879
- Thoreson v. State Board of ExaminersUtah Supreme Court · 1899
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