Phillips v. Reed
Supreme Court of Iowa
Appeal from Pottawattamie District Gourt. — Hon. Walter I. Smith, Judge. Action to recover upon a warrant drawn on tbe general fund of tbe city of Council Bluffs, of wbicb city defendant Reed is treasurer. A mandamus was asked, requiring tbe treasurer to pay said claim. To tbe petition a demurrer was interposed.
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Appeal from Pottawattamie District Gourt. — Hon. Walter I. Smith, Judge. Action to recover upon a warrant drawn on tbe general fund of tbe city of Council Bluffs, of wbicb city defendant Reed is treasurer. A mandamus was asked, requiring tbe treasurer to pay said claim. To tbe petition a demurrer was interposed. Tbe district court sustained tbe demurrer, and,. tbe plaintiff electing to stand on bis petition, bis action was dismissed, and judgment rendered against bim for costs. From tbis action of tbe court, plaintiff appeals.'
1Opinion of the CourtWaterman, J.
Plaintiff alleges that lie is the owner and holder of a warrant for the sum of six dollars and twenty-four cents' drawn against -the general' fund of the city of Council Bluffs; that it was issued for supplies furnished said city during the year 1898; that refusal to pay said warrant was made by defendant, who is the treasurer of said city, although the current revenues of the year 1898 were amply sufficient to satisfy the same, the reason for said refusal being that there were outstanding warrants unpaid which bore earlier dates than the one in suR, and which had been duly presented for…
2Cases cited4 opinions
- Putnam v. City of Grand RapidsMichigan Supreme Court · 1885
- Shaw v. StatlerCalifornia Supreme Court · 1887
- State ex rel. Fuller v. MartinNebraska Supreme Court · 1889
- Taylor v. BrooksCalifornia Supreme Court · 1855
3Cited by12 opinions
- Windsor v. City of Des MoinesSupreme Court of Iowa · 1900
- Swanson v. City of OttumwaSupreme Court of Iowa · 1902
- Rowley v. ClarkeSupreme Court of Iowa · 1913
- Bowers v. NeilOregon Supreme Court · 1912
- Miller v. City of GlenwoodSupreme Court of Iowa · 1920
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