Stevens v. Carroll
Supreme Court of Iowa
Appeal from Linn District Court.— Hon. W. G. Thompson, Judge. Action at law against the defendant Carroll, county treasurer, and the surety on his official bond, for the wrongful and malicious collection of certain taxes from one E. F. A. Stevens, which taxes, it is alleged, were not due or owing the county. Defendants, among other things, demurred to the petition, and their demurrer was sustained. Judgment was thereupon entered against plaintiff, and he appeals.—
1Opinion of the Court
Deemer, J.—
The record is in a very confused state, and, were we to try to untangle it, we should have difficulty in stating .the point for decision as it appears from the abstracts. We have concluded, therefore, to decide the question which appellant has presented in his brief, taking him at his word that this is the only proposition involved. It is this: Plaintiff brought action against the county treasurer alone for damages for the wrongful, unlawful, and malicious assessment of his property for the years 1901 and 1902. Defendant in that suit demurred to the petition, and his demurrer was…
2Cases cited7 opinions
- Hackett v. Freeman & GravesSupreme Court of Iowa · 1897
- Beh v. BaySupreme Court of Iowa · 1905
- Chapman Ex Rel. Leavitt v. SmithSupreme Court of the United States · 1854
- Stevens v. CarrollSupreme Court of Iowa · 1905
- Dennis v. SmithMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1945
- County of Stark v. MischelNorth Dakota Supreme Court · 1916
- Heinz v. Davenport Bank & Trust Co.Supreme Court of Iowa · 1941