Legal Opinion

Swanson v. City of Ottumwa

Supreme Court of Iowa

Decided October 25, 1902PublishedCited by 41 opinions

Appeal from Wapello District Gourt. — Hon. Robert Sloan, Judge. Action in equity to enjoin the issuance of certain bonds, and to declare void a certain contract entered into by the defendant city for the construction of a system of waterworks. From the order of the district court granting an injunction as prayed, the defendant appeals.

1Opinion of the CourtWeaver, J.

The facts upon which this litigation depends are not in dispute. The defendant city, being already indebted nearly or quite to the full constitutional limit of five per cent, of all its taxable property, and being desirous of constructing a system of waterworks, undertook to effect that purpose in the manner provided for in chapter 5 of title 5 of the Code, and to that end the city council enacted certain ordinances, the provisions of which, so far as material, are a's follows (ordinance No. 566):

“Be it ordained by the city council of the city of Ottumwa, Iowa.
“Section 1. That the city…

2Cases cited52 opinions

  1. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  2. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  3. Grant v. City of DavenportSupreme Court of Iowa · 1873
  4. City of Valparaiso v. GardnerIndiana Supreme Court · 1884
  5. McBean v. City of FresnoCalifornia Supreme Court · 1896

47 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Feil v. City of Coeur D'AleneIdaho Supreme Court · 1912
  2. Richards v. City of MuscatineSupreme Court of Iowa · 1975
  3. Hagan v. Commissioner's CourtSupreme Court of Alabama · 1909
  4. McClain v. Regents of the UniversityOregon Supreme Court · 1928
  5. Interstate Power Co. v. Town of McGregorSupreme Court of Iowa · 1941

36 more not listed; retrieve them via the Exa API.

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