Yarish v. Cedar Rapids, Iowa Falls & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Hancock District Court — Hon. J. B. Ole-laNd, Jtidge. This is an action in equity by wbicb the plaintiff seeks to enjoin the collection of a tax voted in Grarfield township, Hancock county, in aid of the construction of the Cedar Rapids, Iowa Falls & Northwestern Railroad. A motion was made to strike out certain parts of the petition, which motion was sustained. Plaintiff appeals.
1Opinion of the CourtRothrock, J.
i. appeai: to1:°personsd tSsS:*p°artyr" notpreju-diced. I. The plaintiff entitled his petition as follows: “ John Yarish, for himself and others, v. The Cedar Rapids, Iowa Falls & N orthwestern Railway Company and othersHe averred in his petition that he prosecuted the action for him- .. , „ , . , . . sell and all the other tax-payers m the township; that the said tax-payers were too numerous to name specifically in the petition. He appended a list of the names of some of the tax-payers to the petition, with the amount of tax assessed to each, and claimed that for them he was authorized to…
2Cases cited3 opinions
- Fleming v. MershonSupreme Court of Iowa · 1873
- Burges v. MabinSupreme Court of Iowa · 1886
- Allard v. GastonSupreme Court of Iowa · 1886
3Cited by3 opinions
- Town of Mechanicsville v. State Appeal BoardSupreme Court of Iowa · 1961
- White v. International Textbook Co.Supreme Court of Iowa · 1909
- Gooden v. Police Jury of Lincoln ParishSupreme Court of Louisiana · 1908