Legal Opinion

McPherson v. Foster Bros.

Supreme Court of Iowa

Decided April 18, 1876PublishedCited by 76 opinions

Appeal from Hardin District Court. Action in chancery. The petitioners allege that they are residents, tax-payers and owners of real estate in the Independent School District of Steamboat Rock, Hardin county, and prosecute this suit for all the people and tax-payers of the district as well as for themselves, the questions involved therein being of common and general interest to all the tax-payers of the district, who are so numerous that it is impracticable to bring them…

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Appeal from Hardin District Court. Action in chancery. The petitioners allege that they are residents, tax-payers and owners of real estate in the Independent School District of Steamboat Rock, Hardin county, and prosecute this suit for all the people and tax-payers of the district as well as for themselves, the questions involved therein being of common and general interest to all the tax-payers of the district, who are so numerous that it is impracticable to bring them before the court. It is then shown that, in 1869, the officers of the school district just mentioned entered intoi a…

1Opinion of the CourtBeck, J.

I. The abstract in this case is very defective. Besides failing to show which party appeals, it does not clearly show the names of all the defendants. We treat the ease as being appealed by plaintiffs, because both sides admit it in their arguments. Counsel for defendants assert in their argument that both parties appeal; this is denied by plaintiffs’ counsel in his argument, who insists that his clients only appeal. We cannot regard the defendants as having appealed in this state of the case. Other matters could be mentioned that ought to appear in the abstract.

II. Certain questions are…

2Cases cited8 opinions

  1. Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
  2. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  3. Booth v. Town of WoodburySupreme Court of Connecticut · 1864
  4. Aspinwall v. Board of Commissioners of the Cty. of DaviessSupreme Court of the United States · 1860
  5. Kyle v. MalinIndiana Supreme Court · 1856

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3Cited by76 opinions

  1. Doon Township v. CumminsSupreme Court of the United States · 1892
  2. Citizens Bank v. City of TerrellTexas Supreme Court · 1890
  3. Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
  4. Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
  5. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906

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