Legal Opinion

Grout v. Illingworth

Supreme Court of Iowa

Decided July 12, 1906PublishedCited by 6 opinions

Appeal from Black Hawk District Court.— Hon. A. S. Blair, Judge. Action to restrain the defendant, as county treasurer, from enforcing as against plaintiff’s real property a certain school tax duly certified to the auditor of Black Hawk county in 1901 and properly levied by the board of supervisors of that county upon the property subject to taxation within the limits of the independent school district of East Waterloo City; the contention of plaintiff being’ that his…

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Appeal from Black Hawk District Court.— Hon. A. S. Blair, Judge. Action to restrain the defendant, as county treasurer, from enforcing as against plaintiff’s real property a certain school tax duly certified to the auditor of Black Hawk county in 1901 and properly levied by the board of supervisors of that county upon the property subject to taxation within the limits of the independent school district of East Waterloo City; the contention of plaintiff being’ that his property was not within the limits of said school district until the 15th day of April, 1901, when by the extension of the…

1Opinion of the Court

McClain, C. J.—

A part of the taxes,- the enforcement of which plaintiff sought to have enjoined, was for the schoolhouse fund, levied in pursuance of a vote of the electors of the independent school district on March 16, 1901. The contention of plaintiff is that at the time the electors of the independent school district voted the schoolhouse tax he was not a resident of the district, and his property, which the defendant is seeking to hold liable for such tax, was not within the limits of the district, and therefore that he did *283not participate in the proceedings relating to the voting of the…

2Cases cited1 opinion

  1. State ex rel. Howe v. Mayor of Des MoinesSupreme Court of Iowa · 1897

3Cited by6 opinions

  1. Crabb v. Celeste Independent School DistrictTexas Supreme Court · 1912
  2. Peterson v. SwanSupreme Court of Iowa · 1942
  3. Missouri-Kansas-Texas R. Co. v. CowdenSupreme Court of Oklahoma · 1939
  4. Ross v. Adams Mills Rural School DistrictOhio Supreme Court · 1925
  5. Stanley v. Southwestern Community College Merged AreaSupreme Court of Iowa · 1971

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