Kendig v. Knight
Supreme Court of Iowa
Afjpeal from Madison Circuit Court. Action in equity to restrain the sale of certain real estate belonging to the plaintiff, for the purpose of paying a certain special tax assessed by the city of Winterset, for the construction of a gutter. A temporary injunction was granted which was dissolved at the hearing. The city pleaded a counterclaim and asked that a judgment be rendered against the plaintiff for the amount of the tax. Such relief was refused and both parties appeal.
1Opinion of the Court
Seevebs, Ch. J.
l cities : ortérmU“hére-6 after” construed. I. Section 466 of the Code provides that cities “shall have power to construct sidewalks * * * and gutter any highway * * therein and to levy a special tax on the lots and parcels of land , , . ... , . fronting on such highway * * to pay the expense of such improvement,” and section 478 provides that cities may by a general ordinance prescribe the mode in which the charge on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined.”
On August 7th, 1875, the city passed such an ordinance, and…
2Cases cited5 opinions
- Charless v. LambersonSupreme Court of Iowa · 1855
- City of Burlington v. QuickSupreme Court of Iowa · 1877
- Weller v. City of St. PaulSupreme Court of Minnesota · 1860
- City of Dubuque v. WootonSupreme Court of Iowa · 1870
- Wolf v. City of KeokukSupreme Court of Iowa · 1878
3Cited by14 opinions
- Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Clifton Land Co. v. City of Des MoinesSupreme Court of Iowa · 1909
- Zalesky v. City of Cedar RapidsSupreme Court of Iowa · 1902
- West Texas Const. Co. v. AdamsCourt of Appeals of Texas · 1932
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