Incorporated Town of Scranton v. Hensen
Supreme Court of Iowa
Appeal from Greene District Court. — Hon. M. E. Hutchinson, Judge. This is a civil action brought hy the incorporated town of Scranton in the district court of Greene county against the defendants to enforce the provisions of an ordinance of the said town, to wit, to collect by a civil suit in the district court certain license fees provided by the said ordinance in case of transient' merchants. There was a demurrer to the petition, which was overruled.
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Appeal from Greene District Court. — Hon. M. E. Hutchinson, Judge. This is a civil action brought hy the incorporated town of Scranton in the district court of Greene county against the defendants to enforce the provisions of an ordinance of the said town, to wit, to collect by a civil suit in the district court certain license fees provided by the said ordinance in case of transient' merchants. There was a demurrer to the petition, which was overruled. Defendants elected to stand on the demurrer, and judgment was rendered against them for $140, with interest and costs. Defendants appeal.
1Opinion of the CourtPreston, J.
A branch of this case has been here before. Town of Scranton v. Hensen, 151 Iowa, 221. The ordinance in question will be there found, and we shall not take the space to again set it out. In the instant case the original petition alleged that defendants sold goods as transient merchants for one hundred and twenty days, and that a reasonable charge against them, under the ordinance, for carrying on said business, would be $2.50 per day, an aggregate of $300. By an amendment to the petition, plaintiff alleged:
That the mayor of said town, under and by virtue of the power, authority, and…
2Cases cited12 opinions
- Plymouth County v. MooreSupreme Court of Iowa · 1901
- City of Burlington v. Putnam InsuranceSupreme Court of Iowa · 1870
- City of Burlington v. KellarSupreme Court of Iowa · 1864
- Ewing v. Webster CitySupreme Court of Iowa · 1897
- Lease v. VanceSupreme Court of Iowa · 1870
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3Cited by4 opinions
- City of Pella v. FowlerSupreme Court of Iowa · 1932
- Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
- State v. Guardsmark, Inc.Supreme Court of Iowa · 1971
- State ex rel. Cosson v. Shores-Mueller Co.Supreme Court of Iowa · 1918