Warren v. Henly
Supreme Court of Iowa
Appeal from General Term, Seventh District {Clinton Coxmty). Action in chancery. The petition represents that plaintiff is the owner of lot 1, block 5, and lot 8, in block 4, situate upon Main street, in the city of Lyons; that on the 14th day of May, 1867, certain ordinances were passed by the city requiring Main street, or the part thereof upon which the plaintiff’s lots are located, to be graded, macadamized, and gutters along the same to be constructed by the owners of…
Read the full summary
Appeal from General Term, Seventh District {Clinton Coxmty). Action in chancery. The petition represents that plaintiff is the owner of lot 1, block 5, and lot 8, in block 4, situate upon Main street, in the city of Lyons; that on the 14th day of May, 1867, certain ordinances were passed by the city requiring Main street, or the part thereof upon which the plaintiff’s lots are located, to be graded, macadamized, and gutters along the same to be constructed by the owners of the lots abutting upon the street so improved; that by another ordinance, subsequently passed, the owners of the same…
1Opinion of the CourtBeck, J.
— The several grounds of objection relied upon by appellant’s counsel will be considered in the order in which they are found in his brief.
l. corporaoí°AL™treets: grade.6 ° I. It is claimed that the grade of the street upon which plaintiff’s lots are situated, having been established by the city in 1857, cannot be changed or altered except upon the petition of the owners of two-thirds in value of the property on both sides of the street where the change is desired. Such is the provision of the charter of the city. Acts Twelfth Gen. Assembly, chap. 91, § 19, ¶ 11. The effect of this provision…
2Cases cited9 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Duncan v. RamishCalifornia Supreme Court · 1904
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- Morrison v. HershireSupreme Court of Iowa · 1871
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- Allen v. City of DavenportSupreme Court of Iowa · 1898
49 more not listed; retrieve them via the Exa API.