Moore v. Parker
Supreme Court of Iowa
Appeal from Grundy District Court. In April, 1858, the people of Hardin county voted upon, the question of the re-location or moving of the county seat from Eldora to Point Pleasant. Upon the canvass of the votes by the board of canvassers, the county judge and two justices of the peace, Point Pleasant was found to have nineteen majority, and was declared to be the county seat.
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Appeal from Grundy District Court. In April, 1858, the people of Hardin county voted upon, the question of the re-location or moving of the county seat from Eldora to Point Pleasant. Upon the canvass of the votes by the board of canvassers, the county judge and two justices of the peace, Point Pleasant was found to have nineteen majority, and was declared to be the county seat. In the same month, and before any removal, application was made to the District Court, after ten days’ notice, by and upon the relation of John Alderson, for a writ of mandamus to compel the board of canvassers to…
1Opinion of the CourtOole, J.
i. ebaud ; in atively estab- • nshea. We do not stop to notice the numerous points made by the appellants, for the reason that, upon the merits of the case, as presented, we must this judgment. The object of this . . J J . action is to set aside as fraudulent the judgment of the District Court rendered in the Alderson case, the first mandamus proceedings, by virtue of which the recanvass, declaring Eldora the county seat, was made. But for that judgment, the plaintiffs might, for aught that appears, have had a complete remedy by their mandamus against the county judge to remove the offices,…
2Cases cited1 opinion
- State ex rel. Van Houten v. County JudgeSupreme Court of Iowa · 1862
3Cited by4 opinions
- Boring v. OttWisconsin Supreme Court · 1909
- First National Bank v. Hurford & BrotherSupreme Court of Iowa · 1870
- Boring v. OttWisconsin Supreme Court · 1909
- Sargent Co. v. IvesAppellate Court of Illinois · 1910