State ex rel. Brackett v. County Judge
Supreme Court of Iowa
Appeal from the Floyd District Gou/rt. Mandamus. Ira Brackett filed his information in the district court of Eloyd county, alleging that he had entered into a written contract with the defendant, to do certain work, and furnish certain materials, in and about the erection of a court house for said county. He avers that he has fully complied with the contract on his part, and that there is due him thereon, a large sum of money, naming it.
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Appeal from the Floyd District Gou/rt. Mandamus. Ira Brackett filed his information in the district court of Eloyd county, alleging that he had entered into a written contract with the defendant, to do certain work, and furnish certain materials, in and about the erection of a court house for said county. He avers that he has fully complied with the contract on his part, and that there is due him thereon, a large sum of money, naming it. He further states, that he had presented his said claim to the county court for allowance, but that said court had refused to audit the same, and had refused…
1Opinion of the CourtWeight, C. J.
The writ of mandamus, under the Code, issues to any inferior tribunal, board, or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, .trust or station; but it is not to issue in any case, where there is a plain, speedy, and adequate remedy, in the ordinary course of the law. Sections 2179, 2182. In this case, the only question we shall consider, is, whether the relator has this speedy, plain, and adequate remedy, in the ordinary course of law; or, in other words, whether, under the circumstances disclosed in this record, he was…
2Cases cited2 opinions
- Clapp v. County of CedarSupreme Court of Iowa · 1857
- Davis v. MilburnSupreme Court of Iowa · 1856
3Cited by10 opinions
- State Board of Education v. City of West PointMississippi Supreme Court · 1874
- Wheelock v. Auditor of Suffolk CountyMassachusetts Supreme Judicial Court · 1881
- Armstrong v. Tama CountySupreme Court of Iowa · 1872
- State ex rel. Clark, Dodge & Co. v. City of DavenportSupreme Court of Iowa · 1861
- Barrett v. Stutsman CountyNorth Dakota Supreme Court · 1894
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