Legal Opinion

Yarish v. Cedar Rapids, Iowa Falls & Northwestern R'y Co.

Supreme Court of Iowa

Decided October 12, 1887PublishedCited by 3 opinions

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

  1. Fleming v. MershonSupreme Court of Iowa · 1873
  2. Burges v. MabinSupreme Court of Iowa · 1886
  3. Allard v. GastonSupreme Court of Iowa · 1886

3Cited by3 opinions

  1. Town of Mechanicsville v. State Appeal BoardSupreme Court of Iowa · 1961
  2. White v. International Textbook Co.Supreme Court of Iowa · 1909
  3. Gooden v. Police Jury of Lincoln ParishSupreme Court of Louisiana · 1908

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