Opinion
No. 44551.
June 20, 1939. Rehearing Denied December 13, 1939.
INJUNCTION: Bequest for paving roads — acceptance by county not enjoined. In an action by a taxpayer to obtain an injunction restraining a county from accepting a bequest to be used for paving roads, the injunction was refused where a will and two codicils provided for the bequest, as when all papers were construed together a valid gift to the county was found to have been created which the county had the authority to accept.
Appeal from Lee District Court. — H.D. EVANS, Judge.
A suit in equity in which the plaintiff, as a citizen, resident and taxpayer of Lee county, Iowa, on behalf of himself and others similarly situated, sought an injunction to restrain the defendant county and its board of supervisors from accepting a bequest of the testator, to be used in building a concrete paved highway in Lee county, as designated, and in the manner provided in his will. From a judgment and decree for the defendants, the plaintiff appealed. — Affirmed.
E.W. McManus, J.R. McManus, and M.H. Johnson, for appellant.
J.O. Boyd, D.J. McNamara, R.N. Johnson, and John F. Burrows, for appellees Board of Supervisors of Lee County and its members.
Fred Everett, Attorney General, and T.J. Mahoney, Assistant Attorney General, for appellees Iowa State Highway Commission and its members.
J.R. Frailey, for plaintiff, appellee.
This was appealed separately, but submitted with the case of P.A. Blackford, Executor of the Last Will and Testament of Alexander Coleman, deceased, Appellee v. Dorr Anderson et al., Defendants-Appellants, and Lee County et al., Defendants-Appellees, 226 Iowa 1138, 286 N.W. 735. As stated in the opinion in that case, the decision therein rules and is determinative of the decision in this case.
The judgment and decree appealed from herein is therefore affirmed in all of its provisions. — Affirmed.
HAMILTON, and SAGER, STIGER, OLIVER, MILLER, and HALE, JJ., concur.
MITCHELL, C.J., concurs in result.