Powers v. County of O'Brien
Supreme Court of Iowa
Appeal from, O'Brien District Court. The plaintiffs', being two hundred, citizens of O’Brien county, and each being owners of separate tracts of land in said county, brought their action in the court below, and in their petition set forth that the said county had incurred indebtedness largely in excess of the five per cent constitutional limit.
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Appeal from, O'Brien District Court. The plaintiffs', being two hundred, citizens of O’Brien county, and each being owners of separate tracts of land in said county, brought their action in the court below, and in their petition set forth that the said county had incurred indebtedness largely in excess of the five per cent constitutional limit. They asked that all bonds issued by the county, and all outstanding warrants in excess of said five per cent,, be declared null Skid void as against plaintiffs and their property; that the county officers of defendant be restrained by injunction from…
1Opinion of the CourtRotiirook, J.
In order that it may be understood what the defendants were enjoined from doing, it is necessary to feet out the injunction. It is as follows:
*502“ The defendants are hereby enjoined and restrained from paying, or assisting in paying,, and from levying or collecting any tax for the purpose of paying, or in' any manner by reason of the indebtedness of O’Brien county which pas been created or become due since the 15th of‘October, 1861, añcl' is in excess of five per centum upon the taxable value of the property of said 'county, to be ascertained by the last state and county tax lists, previous to…
2Cases cited1 opinion
- Finch v. HollingerSupreme Court of Iowa · 1877
3Cited by20 opinions
- Lessenich v. SellersSupreme Court of Iowa · 1903
- Svoboda v. Svoboda Ex Rel. HullingerSupreme Court of Iowa · 1953
- Clark v. RaymondSupreme Court of Iowa · 1892
- Hodgin v. TolerSupreme Court of Iowa · 1886
- Marshall v. WestropeSupreme Court of Iowa · 1896
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