77 Iowa 454 | Iowa | 1889
In 1879 the defendant town adopted an ordinance, and went through the legal forms of establishing within its limits what is known as “Union avenue,” and plaintiff avers that by an agreement with the defendant he purchased the land on which the avenue is located for the defendant, and for which the defendant was to pay him three thousand and twenty-four dollars, with interest at ten per cent, until paid. The defendant’s claim is that the land was never designed by the town as an avenue, but only as a right of way for a railroad, and for which purpose it was taken and used, and that the town council, in the steps taken by it to establish an avenue, was acting in concert with the plaintiff and others to indirectly secure a right of way for the railroad at the expense of the defendant town; that it was a fraudulent combination between plaintiff and others, with no intention whatever to provide an avenue for public use.
the same. II. Error is assigned as to the testimony of one H. E. Boehnei’, who was at the time mayor of the town, and who gave testimony as to what occurred at the town council, and, among other questions, was this : “What, if anything, do you know as to what caused the council to pass thé ordinance establishing Union avenue?” Against the objection that it was incompetent and immaterial, the witness answered, and the answer discloses that before the passage of the ordinance the company was grading its road on the land in question; that it was talked that the council had not the right to pass the ordinance; that the plaintiff would take and hold the warrants to be issued; and that the legislature could be induced to pass an act authorizing the town to bond its indebtedness; that a bond had been given by plaintiff and
Affirmed.