Legal Opinion

Allerton v. Monona County

Supreme Court of Iowa

Decided May 22, 1900PublishedCited by 6 opinions

Appeal from Monona District GouH.- — -Hon. Frank R. Gay-nor, Judge. Defendant's demurrer to the plaintiff’s petition was sustained,- and, plaintiff electing to stand on his petition, judgment was rendered against him, from which he appeals.

1Opinion of the CourtGiven, J.

On October 15, 1897, the plaintiff filed his petition in two counts, asking to recover one thousand four hundred and twenty-nine dollars and seventy-four cents, taxes levied upon lands owned by him to pay for constructing a ditch, which taxes he paid under protest, and which the defendant’s board of supervisors refused to order refunded. The sole ground alleged for recovery is that the construction of the ditch is of no benefit whatever to plaintiff’s land. No *561allegations are made showing that the tax was for any other reason illegal. The defendant demurred to each count on the ground that…

2Cases cited9 opinions

  1. Iowa Railroad Land v. SoperSupreme Court of Iowa · 1874
  2. Southwick v. . SouthwickNew York Court of Appeals · 1872
  3. Richman v. Board of SupervisorsSupreme Court of Iowa · 1885
  4. County of Kossuth v. WallaceSupreme Court of Iowa · 1883
  5. Parsons v. CareySupreme Court of Iowa · 1870

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3Cited by6 opinions

  1. Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
  2. Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
  3. Oliver v. Monona CountySupreme Court of Iowa · 1902
  4. Kelley v. Drainage District No. 60Supreme Court of Iowa · 1912
  5. Chicago, Rock Island & Pacific Railway Co. v. Wright County Drainage DistrictSupreme Court of Iowa · 1915

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