Chicago, Milwaukee & St. Paul Railway Co. v. Phillips
Supreme Court of Iowa
Appeal from, Oerro Gordo District Oourt'. — How. J. C. Sherwin, Judge. The plaintiffs pray that a certain sewer tax levied by the defendant city upon certain properties of the plaintiffs be decreed to be unlawful and void, and that the defendant county treasurer be perpetually enjoined from attempting to collect the same. The defendants Ford and De La Hunt made default, and the other defendants answered as will hereafter appear.
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Appeal from, Oerro Gordo District Oourt'. — How. J. C. Sherwin, Judge. The plaintiffs pray that a certain sewer tax levied by the defendant city upon certain properties of the plaintiffs be decreed to be unlawful and void, and that the defendant county treasurer be perpetually enjoined from attempting to collect the same. The defendants Ford and De La Hunt made default, and the other defendants answered as will hereafter appear. Plaintiffs moved for judgment on the pleadings, which motion was sustained, and judgment and decree rendered as prayed, from which the answering defendants appeal.
1Opinion of the CourtGiven, J.
I. The pleadings show, in substance, as follows: It appears from the petition that the defendant city is divided into two taxing sewer districts, one of which *379is known as the “Willow Creek Sewer District;” that in 1896 the plaintiffs each owned and operated a steam,railway extending through or into said district and to other towns in the state. On August 6, 1896, the city, by resolution, in pursuance of an ordinance, authorized the construction of a sewer in said district; “the cost of building the same to be paid by proceeds of a sewer tax to be levied on all .the real estate in the district…
2Cases cited8 opinions
- California v. Central Pacific RailroadSupreme Court of the United States · 1888
- Santa Clara County v. Southern Pacific RailroadSupreme Court of the United States · 1886
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Tallman v. Treasurer of Butler CountySupreme Court of Iowa · 1861
- Cattell v. LowrySupreme Court of Iowa · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- Berry v. Knights Templars' & Masons' Life Indemnity Co.U.S. Circuit Court for the District of Western Missouri · 1891
- Owens v. City of MarionSupreme Court of Iowa · 1905
- Comstock v. City of Eagle GroveSupreme Court of Iowa · 1907
- Gallaher v. GarlandSupreme Court of Iowa · 1904
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