Rice v. Smith
Supreme Court of Iowa
Appeal from, Marshall District Court. Tbe petition was for an injunction to stay tbe buildiiig of a court bouse in accordance with a contract made, and tbe issuance of county bonds tberefor. The petitioners, Wells S. Rice, Gr.
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Appeal from, Marshall District Court. Tbe petition was for an injunction to stay tbe buildiiig of a court bouse in accordance with a contract made, and tbe issuance of county bonds tberefor. The petitioners, Wells S. Rice, Gr. W. Woodbury, Reuben H. Webster, Henry Anson, and H. C. Henderson, represent that they are citizens, voters, and tax-payers of the county of Marshall, and resident in, and property holders in the town of Marshall, in said county, and largely interested in the matters set forth in the bill. They represent that in accordance with a petition presented to the county judge,…
1Opinion of the CourtWoodward, J.
It will not be necessary to consider whether the court should have dissolved the injunction upon the motion based upon the bill alone, for, if the demurrer should have been sustained, or the second motion to dissolve, based on the bill and answer, this will be sufficient.
We do not think the court erred in refusing to sustain the demurrer. Objection is made to the competency of the complainants to present this bill. In The State ex rel. Byers *576v. Bailey, 7 Iowa 396, and The State ex rel. Rice v. Smith, County Judge of Marshall county, lb. 186, we held that complainants who arc, and are averred…
2Cases cited1 opinion
- State ex rel. Byers v. BaileySupreme Court of Iowa · 1858
3Cited by18 opinions
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
- State Ex Rel. Cittadine v. Indiana Department of TransportationIndiana Supreme Court · 2003
- State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
- Caruthers v. HarnettTexas Supreme Court · 1886
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