Legal Opinion

City of Des Moines v. Polk County

Supreme Court of Iowa

Decided February 4, 1899PublishedCited by 1 opinion

Appeal from Polls District Court. — Hon. T. F. Stevenson, Judge. This is an agreed case, and tbe facts are as follows: “(1) It is agreed: That Polk county is one of the organized counties of the state of Iowa. That the city of Des Moines is, and has been for twenty years, a city of the first class of the state of Iowa, situated in Polk county.

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Appeal from Polls District Court. — Hon. T. F. Stevenson, Judge. This is an agreed case, and tbe facts are as follows: “(1) It is agreed: That Polk county is one of the organized counties of the state of Iowa. That the city of Des Moines is, and has been for twenty years, a city of the first class of the state of Iowa, situated in Polk county. That said city has provided and maintained for more than ten years last past a police court, with a police judge, clerk, marshal, deputy marshal and policemen, and a city solicitor, and has provided by ordinance that each of said officers shall receive…

1Opinion of the CourtGranger, J.

*5281 *527Appellant contends that the city is not ■competent to maintain this suit, even though the county is *528liable for the fees. It will be well to recall, as facts in the case, that the fees which the city seeks to recover were earned by its police judge and its marshal, each of whom is paid, by the city, a salary in "full payment for all services rendered by him. The following is a part of chapter 56, Acts Seventeenth General Assembly:

“Section 1. . All cities of the first class, organized undei the general incorporation law, and cities organized under special charter, may provide by ordinance that…

2Cases cited5 opinions

  1. Upton v. County of ClintonSupreme Court of Iowa · 1879
  2. Howland v. Wright CountySupreme Court of Iowa · 1891
  3. Christ v. Polk CountySupreme Court of Iowa · 1878
  4. Labour v. Polk CountySupreme Court of Iowa · 1887
  5. Guanella v. Pottawattamie CountySupreme Court of Iowa · 1891

3Cited by1 opinion

  1. State v. BlydenburgSupreme Court of Iowa · 1907

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