Huff v. Cook
Supreme Court of Iowa
Appeal from Warren Circuit Court. The plaintiff and defendant were candidates for the office of superintendent of common schools. The defendant received a majority of the votes cast and the plaintiff in the manner pointed out by law commenced proceedings contesting the right of defendant to hold such office, and claiming that he was duly and legally elected and was entitled to have and hold said office.
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Appeal from Warren Circuit Court. The plaintiff and defendant were candidates for the office of superintendent of common schools. The defendant received a majority of the votes cast and the plaintiff in the manner pointed out by law commenced proceedings contesting the right of defendant to hold such office, and claiming that he was duly and legally elected and was entitled to have and hold said office. The proceeding thus commenced culminated in an appeal to the Circuit Court, which court determined that the defendant “being a woman was ineligible to the office of superintendent of common…
1Opinion of the Court
Seevers, Oh. J.
As the plaintiff has not appealed from the judgment of the Circuit Court, the judgment of that court that plaintiff is not entitled to said office is conclusive as to his rights, and such question is not before us.
The sole question to be determined is, was the defendant eligible or can she hold, exercise and perform the duties and receive the emoluments of said office. The only objection urged is that she is a woman and therefore cannot hold any office of this character which is elective by the people.
i county suISgiwutyeof: st?tuüonaÍ°n~ law It is not claimed there is any…
2Cases cited5 opinions
- Watson v. MercerSupreme Court of the United States · 1834
- Bacon v. CallenderMassachusetts Supreme Judicial Court · 1810
- McMillen v. BoylesSupreme Court of Iowa · 1858
- Iowa Railroad Land v. County of SacSupreme Court of Iowa · 1874
- Mather v. ChapmanSupreme Court of Connecticut · 1825
3Cited by17 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Shaw v. City CouncilSupreme Court of Iowa · 1905
- Ferry v. CampbellSupreme Court of Iowa · 1900
- Windsor v. City of Des MoinesSupreme Court of Iowa · 1900
- Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
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