Legal Opinion

Griffin v. Messenger

Supreme Court of Iowa

Decided May 18, 1901PublishedCited by 9 opinions

Appeal from Clay District Court. — IIon. E. H. Helsell, Judge. Action in equity to restrain tbe sale of lots for taxes levied for tbe construction of a sewer. Trial and a decree for the-plaintiff. Tbe bank appeals.

1Opinion of the CourtSherwin, J.

Tbe lots upon which tbe special assessment was levied are in Spencer, a city of the second class. Tbe ordinance providing for tbe construction of the sewer was adopted without reading the same on three different days, as required by section 489, Code 1873. At tbe time of ■its adoption five of tbe six councilmen and tbe mayor were present Upon a motion to suspend tbe rule requiring its reading on three different days, and to pass the ordinance forthwith, tbe five councilmen present voted in tbe affirmative, and the rule was declared suspended and the ordinance *100was adopted. The law in force in…

2Cases cited4 opinions

  1. Cochran v. McClearySupreme Court of Iowa · 1867
  2. State ex rel. Young v. YatesMontana Supreme Court · 1897
  3. State v. AlexanderSupreme Court of Iowa · 1899
  4. Horner v. RowleySupreme Court of Iowa · 1879

3Cited by9 opinions

  1. Simmons v. HOLMOregon Supreme Court · 1961
  2. Citizens' Bank of Des Moines v. City of SpencerSupreme Court of Iowa · 1904
  3. Guarantee Mortgage & Finance Co. v. CoxSupreme Court of Iowa · 1925
  4. Anderson-Deering Co. v. City of BooneSupreme Court of Iowa · 1925
  5. Russell v. MurphySupreme Court of Oklahoma · 1936

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