Clark & Grant v. Lyon County
Supreme Court of Iowa
Appeal from Lyon District Gowrt. Thursday, December 4. The agreed abstract of record shows the following facts: On the trial of the cause of Clark & Grant against Lyon county, which was an action against, said county on its warrants, C. H. Lewis, district attorney of the fourth judicial district, came, and asked leave of court to file an answer for said county, which request of the said district attorney the court denied for the reason that there had been an appearance by…
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Appeal from Lyon District Gowrt. Thursday, December 4. The agreed abstract of record shows the following facts: On the trial of the cause of Clark & Grant against Lyon county, which was an action against, said county on its warrants, C. H. Lewis, district attorney of the fourth judicial district, came, and asked leave of court to file an answer for said county, which request of the said district attorney the court denied for the reason that there had been an appearance by attorneys employed by the board of supervisors of Lyon county, and that the petition had been assailed by demurrer filed…
1Opinion of the CourtDay, J.
It is the duty of the district attorney to appear for any county in his district, in all matters in which it may be a party or interested, in the district court of his district. Rev., § 374. A.willful neglect of this duty would be a misdemeanor, and render him liable to indictment, fine and imprisonment. Rev., §§ 4301, 4303.
The duty thus positively enjoined upon the district attorney must, of necessity, be accompanied with the right to do the thing required. If it is a positive duty, resting upon the district attorney to appear in the district court for the respective counties in his…
2Cited by7 opinions
- Larkin v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Tatlock v. Louisa CountySupreme Court of Iowa · 1877
- Rothrock v. WalkerSupreme Court of Arkansas · 1939
- State ex rel. Lashly v. WurdemanMissouri Court of Appeals · 1914
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