Iowa News Co. v. Harris
Supreme Court of Iowa
Appeal from Fremont Gireuit Court. The defendants constitute tbe board of supervisors of Fremont county. Tbe plaintiff applied for a writ of certiorari to test tbe legality of tbe proceedings of tbe board in selecting tbe Sidney Union Advocate and Farragut News as tbe official papers of Fremont county.
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Appeal from Fremont Gireuit Court. The defendants constitute tbe board of supervisors of Fremont county. Tbe plaintiff applied for a writ of certiorari to test tbe legality of tbe proceedings of tbe board in selecting tbe Sidney Union Advocate and Farragut News as tbe official papers of Fremont county. Tbe plaintiff averred in its petition that it is a corporation resident in Fremont county, and publishes tbe Iowa State News, a weekly paper in said county, and that its paper has a larger circulation than tbe papers selected. Tbe plaintiff also averred several acts which it alleges are…
1Opinion of the CourtAdams, J.
Tbe plaintiff does not aver that its paper is one of tbe two county papers having tbe largest circulation. *502It, does, it is true, aver that its paper “by law was entitled to be selected.” Rut this is an averment of a legal conclusion. Besides, it appears to us that, even if the plaintiff had averred that its paper was one of the two papers having the largest circulation, it would not have shown such interest in the matter that it could be held to be entitled to the writ. The public might suffer from the wrongful action of the board, but we are not able to see that the plaintiff would, unless…
2Cases cited1 opinion
- Welch v. Board of SupervisorsSupreme Court of Iowa · 1867
3Cited by7 opinions
- Collins v. City of KeokukSupreme Court of Iowa · 1899
- State ex rel. Holden v. Village of LambertonSupreme Court of Minnesota · 1887
- Brown v. LewisSupreme Court of Iowa · 1888
- Cronin v. CroninNebraska Supreme Court · 1910
- Keely v. Board of SupervisorsSupreme Court of Iowa · 1913
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