73 Iowa 538 | Iowa | 1887
On the 18th of October, 1884, a resolution was introduced in the town council, and declared adopted, whereby the council resolved to purchase certain specified real estate, at the price of $1,500, for the purpose of erecting thereon a town hall. On the 3d day of November following, an ordinance was introduced, providing for issuing the bonds of the town to the amount of $3,500 to raise the money to pay for the real estate and for .the erection of the building thereon. The ordinance was once read on the day it was offered, and at a subsequent meeting, held on the 5th of the same month, its second and third readings were dispensed with, and it was published and recorded among the ordinances of the town. Plaintiff’s complaint is that it was never in fact put upon its' final passage or adopted, and that the requisite number of trustees did not vote to suspend the rule requiring it to be
III. The judgment below taxes all of the costs of the proceeding to those defendants who, as members of the town council, voted in favor of the passage of the resolution and ordinance. Appellant Bowman complains of this part of the judgment; but it is obvious that the judgment in that respect could not be modified without affecting the interests of those defendants who did not appeal. Under the rule laid down in the first division of this opinion, then, we will not consider that question.
So much of the judgment as requires the defendant Held to refund the money received by him under the contract, and directs the commissioner to reconvey the property to him, is reversed. The other provisions, we hold, cannot on this appeal be reviewed. Modified.