Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 51

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 51

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: was held that an injunction should be granted to restrain the carrying' out of contracts for the grading of streets, which created an indebtedness in excess of the constitutional limitation. This last decision is an authority directly in point against the position of appellant, that the constitutional inhibition applies only to bonded indebtedness. The language of the constitutional provision is not susceptible of a construction so limiting it. The court did not err in holding that the amount The Uity of Council Bluffs v. Stewart. of the outstanding warrants should be considered in determining the amount of plaintiffs indebtedness. 2. Appellant insists that the tax levy of 1878 for expenses of 1879, fifty-seven thousand one hundred and eighteen dol3_ _, i, lars; the special tax for sidewalks built and '--assessed against the property, eight thousand two hundred and ninety-three dollars; and two thousand dollars cash in city treasurer's possession, aggregating the sum of sixty-seven thousand four hundred and eleven dollars, must be deducted from the amount of outstanding city indebtedness, and that, when this is done, the twenty-five thousand dollars bonds in controversy may be issued without reaching the constitutional limitation. In Diively 1;. The City of Cedar Falls, 27 Iowa, 227, 1t was held that the issue of warrants to any sum, however great, over five per cent of its taxable property, would not be a violation of the constitution if the city has the means in its treasury to meet its indebtedness; as, in such case, it would not become indebted within the meaning of the Constitution. In Grant v. The City of Davenport, 36 Iowa, 396, it was held that the city, although indebted to the constitutional limitation, more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236850246
  • 9781236850249