SEARS, ROEBUCK & CO. v. CITY OF FORT MADISON

No. 49937.

102 N.W.2d 916 (1960)

SEARS, ROEBUCK & CO., Appellee, v. CITY OF FORT MADISON, Iowa, Board of Review of the City of Fort Madison, Iowa, H. L. Beaty, Chairman; Arthur Perks, Member, and Clifford Haasman, Member, Appellants, and Fort Madison Independent School District, Appellant.

Supreme Court of Iowa.

May 3, 1960.


Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen. of Iowa, Gary S. Gill, Asst. Atty. Gen. of Iowa, Roy W. Deitchler, Johnson & Phelan, Fort Madison, for appellants.

McManus & McManus, Keokuk, James L. Devitt, Oskaloosa, for appellee.


PETERSON, Justice.

This is an action in equity by Sears, Roebuck & Company, a New York Corporation, against the City of Fort Madison. The petition prays that an assessment for taxes levied on its stock of merchandise in its order or catalog house in Fort Madison be held null and void by reason of the provisions of the third clause in Section 8, Article I of the Constitution of the United States.

Appellee maintains what is known as a catalog store in Fort...

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