McClure v. Owen
Supreme Court of Iowa
Appeal from, Washington District Cowrt. In Chancery. • — ■ The plaintiffs, who are tax payers of Washington county,*in May, 1860, filed the original bill herein, to restrain Owen, the treasurer of the county, and others, from the. collection of certain taxes for the payment of interest on bonds issued by the officers of the county in payment of a subscription by the county to the capital stock of the Mississippi and Missouri Kailroad company.
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Appeal from, Washington District Cowrt. In Chancery. • — ■ The plaintiffs, who are tax payers of Washington county,*in May, 1860, filed the original bill herein, to restrain Owen, the treasurer of the county, and others, from the. collection of certain taxes for the payment of interest on bonds issued by the officers of the county in payment of a subscription by the county to the capital stock of the Mississippi and Missouri Kailroad company. This railroad corporation was made a party defendant to the bill. The bill asks the relief of a perpetual injunction against the defendants, officers of…
1Opinion of the CourtBeck, J.
— Certain grounds of error, as that after the reversal of the cause in this court it could not be again tried in the court below; that the bondholders, who are defendants, have recovered judgment upon these bonds in the federal courts, and that proper application was made to and refused by the court below to transfer the ease to the . United States Circuit Court, are pointed out in the printed argument of appellants’ counsel; but they expressly ask a decision on another ground and desire that point to
*247be decided solely. "We do not hesitate to comply with the wishes so plainly expressed by…
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