141 Iowa 65 | Iowa | 1908
Pursuant to a resolution of necessity duly passed, and of other proceedings, some of which will be presently noticed, the city council off the city of Burlington laid a sewer in some of the streets and alleys of the city, and attempted to levy the cost thereof against abutting property. Within the time provided by law plaintiff appeared before the city council, and filed a protest and objections against the proposed assessment of $130.-81 upon his .property, and gave the following as his grounds therefor: “First. No legal notice was given by
The arguments filed cover a much broader field, but we shall only consider such objections as were lodged with the council. Going to these, it will be discovered that the fifth, sixth and seventh objections go to the amount rather than the legality of the assessment, and the eighth is too indefinite to be considered. The first, second and fourth objections have reference to the illegality of the contract for the improvement and the character of the assessment. The third is too general to point out any defect. Light & Power Co. v. Marshalltown, 127 Iowa, 644; Owens v. Marion, 127 Iowa, 469.
The legality of the contract is challenged, but no specific objections were pointed out in the protest filed, and counsel do not point out any defects in the contract in their printed brief. The statute does not specify any particular form of contract, and we discover nothing in it which would make it illegal.
Appellee’s argument covers a much broader field than his objections filed before the city council. He relies on defects in the resolution of necessity, insufficient notice of proposal for bids, change of plans by the city engineer after the contract was let, and some other matters, which it is claimed deprived the city council of jurisdiction, or of power to act at all. None of these matters were raised by the objections filed, and manifestly they can not be considered on this appeal. If the action were in equity, and not upon appeal, or were it an independent suit to set aside or enjoin the tax, we might have some difficulty with the case. The members of this court are not agreed upon what constitutes a jurisdictional defect. In the opinion of the writer none of the matters last referred to are jurisdictional; and if they were, it is not a case where nothing was done, but at most an error, defect, or irregularity occurring after the council had acquired complete jurisdic
With reference to the amount of the assessment, we are of opinion that it was too high. Plaintiff’s property was worth, in our opinion, $250. By statute it was not
The' case will be reversed and remanded for a decree in harmony with this opinion.
Reversed and remanded.