Legal Opinion

McMillan v. Lee County

Supreme Court of Iowa

Decided December 15, 1856PublishedCited by 30 opinions

Appeal from the Lee, District Court. The petitioners, twelve in number, residents of Lee county, and tax payers therein, applied by petition to the District Court of Lee county, sitting at Port Madison, to have certain proceedings of the county judge of said county declared illegal and void, and for an injunction to restrain him from taking stock in the name of the county, in certain roads mentioned in the petition, and from issuing the bonds of said county in payment…

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Appeal from the Lee, District Court. The petitioners, twelve in number, residents of Lee county, and tax payers therein, applied by petition to the District Court of Lee county, sitting at Port Madison, to have certain proceedings of the county judge of said county declared illegal and void, and for an injunction to restrain him from taking stock in the name of the county, in certain roads mentioned in the petition, and from issuing the bonds of said county in payment thereof. The petition represents that the county judge is about to subscribefor stock, for the use and benefit, and in the…

1Opinion of the CourtStockton, J.

Several questions have been discussed with great ability and research by the counsel on both sides, on which the decision of the court is desired. If the objections taken by the complainants to the proceedings of the county judge, shall be sustained, the result must be, that the decree of the District Court should be reversed, and the relief prayed for by them granted. Our examination will first be given to the inquiry, whether the power vested by the statute in the county judge, of submitting certain *316questions to the vote of the people of his county, has been exercised by him in a proper,…

2Cited by30 opinions

  1. Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
  2. Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
  3. Garrigus v. Board of CommissionersIndiana Supreme Court · 1872
  4. Hanson v. VernonSupreme Court of Iowa · 1869
  5. Rea v. City of LaFayetteSupreme Court of Georgia · 1908

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