Polk County v. Roe
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Lawrence De Grape, Judge. Both of the above-entitled actions involve the same questions. Both cases will therefore be disposed of by one opinion. Each is an action on the official bond of a justice of the peace; the principal defendants being Zell G. Roe and F. A. Cope, respectively. In each case there was a demurrer to the petition; the principal ground of the demurrer being that the action was barred by the statute of limitations.
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Appeal from Polk District Court. — Hon. Lawrence De Grape, Judge. Both of the above-entitled actions involve the same questions. Both cases will therefore be disposed of by one opinion. Each is an action on the official bond of a justice of the peace; the principal defendants being Zell G. Roe and F. A. Cope, respectively. In each case there was a demurrer to the petition; the principal ground of the demurrer being that the action was barred by the statute of limitations. The demurrer in each case was sustained upon this ground, and the plaintiff has appealed. —
1Opinion of the CourtEvans, J.
We will consider the cases separately, and in the order in which they appear upon our docket. The first is an action upon the official bond of Zell G. Roe, as justice of the peace for Des Moines township in Polk county. His term of office began January 1, 1907, and ended January 1, 1909. The civil fees collected by him during those two years amounted to $1,278, which amount has at all times been retained by him. By resolution of the board of supervisors he was allowed to retain the sum of $500 per year, or a total of $1,000. This was the maximum allowance permitted by the statute. Section…
2Cases cited4 opinions
- Lower v. MillerSupreme Court of Iowa · 1885
- State v. HendersonSupreme Court of Iowa · 1875
- State v. DyerSupreme Court of Iowa · 1864
- Keokuk County v. HowardSupreme Court of Iowa · 1875
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- Baie v. RookSupreme Court of Iowa · 1937
- Jaeger Manufacturing Co. v. Maryland Casualty Co.Supreme Court of Iowa · 1941
- Pocahontas County v. CarlsonSupreme Court of Iowa · 1952