Legal Opinion

Harrison County v. Ogden

Supreme Court of Iowa

Decided December 15, 1906PublishedCited by 5 opinions

Appeal from Harrison District Court.— Hons. A. B. Thornedd and N. W. Macy, Judges. Action in equity to enjoin the treasurer of Harrison county from paying certain warrants issued under contracts for the purchase of road-grading machines; the holders of the warrants being made parties defendant. Decree for plaintiff as prayed. Defendants appeal.—

1Opinion of the Court

McClain, C. J.:By Code, sections 1530, 1531, the board of supervisors of any county may levy a road tax of not more than one mill on the dollar, the fund thus raised to be “ paid out only on the order of the board, for work done on the roads of the county, in such places as it shall determine ”; and at its regular meeting in April the board is authorized to “ determine the manner in which said tax shall be expended whether by contract or otherwise.” Pretending to act under authority found in these sections of the Code, two separate contracts were made, by two different individual members of…

2Cases cited5 opinions

  1. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  2. Ryce v. City of OsageSupreme Court of Iowa · 1893
  3. Swanson v. City of OttumwaSupreme Court of Iowa · 1906
  4. Hammel v. Queen's InsuranceWisconsin Supreme Court · 1882
  5. Lininger & Metcalf Co. v. WebbNebraska Supreme Court · 1897

3Cited by5 opinions

  1. MADRID LUMBER COMPANY v. Boone CountySupreme Court of Iowa · 1963
  2. Voogd v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.Supreme Court of Iowa · 1971
  3. Iowa Electric Co. v. Incorporated Town of WinthropSupreme Court of Iowa · 1924
  4. Town of Buyck v. BuyckSupreme Court of Minnesota · 1910
  5. Voogd v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.Supreme Court of Iowa · 1971

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