Town of Bayard v. Baker
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. J. II. Henderson, Judge. An information was filed charging the defendant with the violation of an ordinance of the town. • There was a trial before the mayor. The defendant was convicted, and appealed to the district court, "where there was a trial before a jury, and from the judgment entered on the verdict the defendant appeals.
1Opinion of the CourtSeevers, C. J.
1. tííwns fpas nance .-yeas and nays. — I. It is contended that the yeas and nays were not called and recorded upon the passage of the ordinance, as required by section 498 of the Code. The corporate authority is vested m a mayor, recorder and six trustees, Q0q6j sec. 511. The record discloses that it was moved and seconded that the ordinance be passed. *222Five trustees and the mayor voted in favor of the ordinance, and such fact was duly recorded. It is true it does not appear that the nays were called, but as the record fails to disclose that any other members of the council were present than…
2Cases cited1 opinion
- Town of Eldora v. BurlingameSupreme Court of Iowa · 1883
3Cited by6 opinions
- Larkin v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
- Powers v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- City of Bluefield v. JohnsonWest Virginia Supreme Court · 1910
- Phelps v. ConnelleeCourt of Appeals of Texas · 1925
- Best v. BroadheadIdaho Supreme Court · 1909
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