40 Iowa 612 | Iowa | 1875
The demurrer, we think, was rightly sustained. "We concede, as appellant claims, that a municipal corporation
Plaintiff held a claim against the distinct township, and he had a right to insist that the property of the whole .district township should be held liable for its discharge. Stevenson and Rice v. The District Township of Summit, 35 Iowa, 462. But, as rights and obligations must be mutual and reciprocal, it would seem to follow that the plaintiff cannot, without the consent of defendant, cast the whole burden of the
At the same time the plaintiff is not to be embarrassed or impeded in the collection of his claim, because of the change in corporate existence. The original district township has no officers, through whom he could enforce the levy of a tax for the payment of his debt, if it should be necessary to resort to such a course. Plaintiff' cannot be compelled to bring nine separate actions.
We think he may unite, as defendants, all the Independent Districts, embracing the territory of the original District
AFFIRMED.