Hyatt v. Hamilton County
Supreme Court of Iowa
Appeal from Hamilton District Court. — HoN. S. M. Weaver, Judge. ActioN by plaintiff, as executrix of the estate of her husband, M. JB. Hyatt, deceased, to recover compensation for services rendered by deceased, on the appointment of the district judge, in proceedings to disbar certain attorneys. Defendant demurred to plaintiff’s petition, and, when overruled, defendant stood upon bis demurrer, and judgment was entered for the plaintiff, from which judgment defendant appeals.
1Opinion of the CourtMcClain, J.
The simple question involved in this appeal is whether the lower court erred in holding that, notwithstanding there is no statutory provision for compensation to an attorney appointed by the court to prosecute disbarment proceedings under the provisions of Code, section 325, such attorney is entitled to compensation. The theory of the appellant seems to be that the attorney thus appointed is an officer of the court, and, like *293other public officers, is entitled only to such compensation as is provided for by statute, and that the county cannot be rendered liable for any #*penses in conducting…
2Cases cited13 opinions
- Webb v. BairdIndiana Supreme Court · 1854
- Carpenter v. County of DaneWisconsin Supreme Court · 1859
- County of Dane v. SmithWisconsin Supreme Court · 1861
- Rowe v. Yuba CountyCalifornia Supreme Court · 1860
- White v. Polk CountySupreme Court of Iowa · 1864
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3Cited by9 opinions
- Spriggs v. Cheyenne Newspapers, Inc.Wyoming Supreme Court · 1947
- Ferguson v. Pottawattamie CountySupreme Court of Iowa · 1938
- Pardee v. Salt Lake CountyUtah Supreme Court · 1911
- Lalla v. GilroySupreme Court of Iowa · 1985
- Korf v. Jasper CountySupreme Court of Iowa · 1906
4 more not listed; retrieve them via the Exa API.