Legal Opinion

Missouri Valley & Blair Railway & Bridge Co. v. Harrison County

Supreme Court of Iowa

Decided March 12, 1888PublishedCited by 6 opinions

Appeal from Harrison District Court.Lewis, Judge. -Hon. C. H. The plaintiff presented a petition to th§ board of supervisors at the June, session, 1887, asking that the assessment of a railroad bridge across the Missouri river be reduced. The relief asked was refused, and the plaintiff appealed, and in the district court a sujjplementary petition was filed, asking the same relief.

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Appeal from Harrison District Court.Lewis, Judge. -Hon. C. H. The plaintiff presented a petition to th§ board of supervisors at the June, session, 1887, asking that the assessment of a railroad bridge across the Missouri river be reduced. The relief asked was refused, and the plaintiff appealed, and in the district court a sujjplementary petition was filed, asking the same relief. To this petition a demurrer was filed and sustained on the ground, substantially, that neither the- court nor board of supervisors had jurisdiction of the subject-matter. The plaintiff appeals.

1Opinion of the CourtSeevees, C. J.

This case can be best disposed of' by considering the points relied on by appellant, and it will not be necessary to set out at length the pleadings. The bridge in question is across the Missouri river, and one-half thereof is conceded to be assessable in Iowa. The assessment was made by the assessor, at the proper time, early in 1887, such assessment being one hundred and ten thousand dollars; and the plaintiff claims it should not have been more than eighty-five thousand dollars. But the ' plaintiff failed to apply to the township board of equalization for a reduction or correction of such…

2Cases cited6 opinions

  1. Macklot v. City of DavenportSupreme Court of Iowa · 1864
  2. Burnham v. BarberSupreme Court of Iowa · 1886
  3. Getchell v. Supervisors of Polk CountySupreme Court of Iowa · 1879
  4. Meyer v. County of DubuqueSupreme Court of Iowa · 1876
  5. Cassett v. SherwoodSupreme Court of Iowa · 1876

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3Cited by6 opinions

  1. Pierce v. GreenSupreme Court of Iowa · 1940
  2. Griswold Land & Credit Co. v. County of CalhounSupreme Court of Iowa · 1924
  3. Primghar State Bank v. RerickSupreme Court of Iowa · 1895
  4. Read v. Hamilton CountySupreme Court of Iowa · 1942
  5. McCutchen v. Board of SupervisorsSupreme Court of Iowa · 1895

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