Legal Opinion

Smith v. City of Des Moines

Supreme Court of Iowa

Decided October 25, 1898PublishedCited by 12 opinions

Appeal from Folic District Court. — Hon. O. P. Holmes, Judge. Action in equity to enjoin tbe collection of special assessments for grading and paving a street, and for the cancellation of the assessments. There was a hearing on the merits, and a decree in favor of the defendant, the city of Des Moines, and the intervener, the Flint Brick Company. The plaintiffs appeal.

1Opinion of the CourtBobinson, J.

Lots numbered 19, 20, and 21 of Wilson T. Smith’s'subdivision of part of lots 10 and 11 of Dean’s outlots, in the city of Des Moines, extend lengthwise from north to south, are one hundred and forty-six feet in length, and are numbered from west to east. Each lot, as platted, was fifty feet in width; but, when platted, Pennsylvania avenue, which extends from north to south, and bounded lot 21 on its east side, was not of full width, and the east part of lot 21, constituting a strip forty feet wide, and extending the entire length of the lot, was added to the avenue, to widen it. That left a…

2Cases cited2 opinions

  1. Eagle Manufacturing Co. v. City of DavenportSupreme Court of Iowa · 1897
  2. Amery v. City of KeokukSupreme Court of Iowa · 1886

3Cited by12 opinions

  1. Missouri, K. & T. Ry. Co. v. City of TulsaSupreme Court of Oklahoma · 1914
  2. Davis v. McDonaldCourt of Appeals of Kentucky · 1923
  3. Flanagan v. City of TulsaSupreme Court of Oklahoma · 1915
  4. Ransom v. City of BurlingtonSupreme Court of Iowa · 1900
  5. Kneebs v. City of SiouxSupreme Court of Iowa · 1912

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