Legal Opinion

Sioux City & Pembina R. v. Herron

Supreme Court of Iowa

Decided June 6, 1877Published

Appeal from Plymouth District Court. The petition in substance alleges that on the 27th day of April, 1872, a tax of five per cent was voted in aid of the Sioux City & Pembina Railroad by the voters of Johnson township, in Plymouth county; that on the 5th of June, 1872, a portion of the territory of Johnson township was formed into a new township, called Portland township; and that, in June, 1875, a portion of Portland township was organized into a new township, called…

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Appeal from Plymouth District Court. The petition in substance alleges that on the 27th day of April, 1872, a tax of five per cent was voted in aid of the Sioux City & Pembina Railroad by the voters of Johnson township, in Plymouth county; that on the 5th of June, 1872, a portion of the territory of Johnson township was formed into a new township, called Portland township; and that, in June, 1875, a portion of Portland township was organized into a new township, called Preston township, so that the territory originally embraced in Johnson township is now within the limits of the townships of…

1Opinion of the Court

Day, Cs, J.

The only question involved in this case is whether the certificate of the trustees of the new township of Preston is necessary in order to entitle the plaintiff to the tax voted upon the territory embraced in Johnson township at the time the tax was voted. This question was presented to this court in Martz v. Lowry and D. M. & M. R. Co., 45 Iowa, 684, and was decided adversely to appellee. Following the decision in that case, the judgment of the court helow in this is

Reversed.

2Cases cited1 opinion

  1. Meader v. LowrySupreme Court of Iowa · 1877

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