Wolf v. City of Keokuk
Supreme Court of Iowa
Appeal from Lee District Court, .The plaintiff prays for an injunction restraining the city of Keokuk from enforcing against a corner lot, which, plaintiff claims to own, the cost of macadamizing one-fourth of the square occupied by the intersection of the street lying in front and along side of said lot.
Read the full summary
Appeal from Lee District Court, .The plaintiff prays for an injunction restraining the city of Keokuk from enforcing against a corner lot, which, plaintiff claims to own, the cost of macadamizing one-fourth of the square occupied by the intersection of the street lying in front and along side of said lot. The petition alleges that the lot in question is of the width of fifty feet on Concert street, and of the depth of one hundred and forty feet on Thirteenth street. 'The answer in substance alleges that the city had Concert and Thirteenth streets macadamized according to law and the…
1Opinion of the Court
I)ay, J.
i. municipal improvement of streets: assessment. The cause was submitted to the court, and determined upon the pleadings alone. No proof of the ordinance of the city of Keokuk was introduced. The court cannot take judicial notice or the ordinances of a city. Garvin v. Wells, 8 Iowa, 286. The answer alleges that the assessment in question was made in accordance with the acts of the General Assembly, and the ordinances of the city. Upon the pleadings we must presume that the assessment was made in accordance with the ordinances of the city. The *131only question fairly presented for our…
2Cases cited1 opinion
- Garvin v. WellsSupreme Court of Iowa · 1859
3Cited by5 opinions
- In re Appeal of AppleSupreme Court of Iowa · 1913
- Kendig v. KnightSupreme Court of Iowa · 1882
- Incorporated Town of Scranton v. DanenbaumSupreme Court of Iowa · 1899
- In re Delaware & Hudson Canal Co., New York County Courts1889
- Perry v. City of AlbiaSupreme Court of Iowa · 1912