Legal Opinion

Risdon v. Shank

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 2 opinions

Appeal from, Montgomery Circuit Cov/rt. Thursday, September 18. ' The plaintiff in his petition states, in substance, that the des fendants are owners of certain lots in the town of Red Oak; that in pursuance of an ordinance of said town, it became the duty of the defendants to construct sidewalks in front of their said lots respectively, which they each neglected, after due notice, to do, whereupon the plaintiff, under and by virtue of a contract with said town, built and…

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Appeal from, Montgomery Circuit Cov/rt. Thursday, September 18. ' The plaintiff in his petition states, in substance, that the des fendants are owners of certain lots in the town of Red Oak; that in pursuance of an ordinance of said town, it became the duty of the defendants to construct sidewalks in front of their said lots respectively, which they each neglected, after due notice, to do, whereupon the plaintiff, under and by virtue of a contract with said town, built and constructed the said sidewalks ; and this action is brought to recover therefor. To this petition defendants demurred,…

1Opinion of the CourtMiller, J.

i municipal ooueo^f ofN! assessments. It is agreed by counsel in this case that but a single question is involved, and that is, whether sections 10(18 an(l of the Revision are repealed by chap-t®1’ 45 of the Laws of 1812, and it is conceded ¿pese sections of the Revision are in force the demurrer to plaintiff’s petition was improperly sus*83tained, but if they are not in force the judgment of tbe circuit court should be affirmed.

Section 1068 provides that municipal corporations may, by general by-law or ordinance, prescribe the mode in which charges on the respective lot owners, and on the lots…

2Cases cited1 opinion

  1. City of Dubuque v. HarrisonSupreme Court of Iowa · 1872

3Cited by2 opinions

  1. Nitsche v. State Security Bank of Zanesville, OhioSupreme Court of Oklahoma · 1918
  2. Fowler v. Board of TrusteesSupreme Court of Iowa · 1931

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