Legal Opinion

Mackay v. Hancock County

Supreme Court of Iowa

Decided January 17, 1908PublishedCited by 7 opinions

Appeal from Hancock District Court. — Hois. Clifford P. Smith, Judge. Action in equity to enjoin tbe collection of an assessment made to pay the cost of the construction of a ditch, and to set aside and cancel such assessment. On trial plaintiffs’ petition was dismissed as without merit, and they appeal.

1Opinion of the CourtBishop, J.

In May, 1901, a petition addressed to the board of supervisors of Hancock county, signed by more than one hundred residents and voters of said county, was filed in the office of the county auditor of that county, setting forth that certain described lands in said county were subject to overflow; that such lands were too wet for cultivation, and constituted a menace to the public health; that the public health, convenience, and welfare would be promoted by the drainage thereof. The prayer of the petition was that steps be taken by the board as provided for in chapter 2, title 10, of the Code,…

2Cases cited5 opinions

  1. Oliver v. Monona CountySupreme Court of Iowa · 1902
  2. Thompson v. MitchellSupreme Court of Iowa · 1907
  3. Molyneaux v. MolyneauxSupreme Court of Iowa · 1906
  4. In re BradleySupreme Court of Iowa · 1902
  5. Butts v. Monona CountySupreme Court of Iowa · 1896

3Cited by7 opinions

  1. Hershey v. Reclamation District No. 108California Supreme Court · 1927
  2. Lightner v. Board of SupervisorsSupreme Court of Iowa · 1909
  3. In re the Location & Establishment of Drainage District No. 3Supreme Court of Iowa · 1909
  4. Andre v. City of BurlingtonSupreme Court of Iowa · 1908
  5. Chicago & Northwestern Railway Co. v. SedgwickSupreme Court of Iowa · 1927

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