Beard v. Smith
Supreme Court of Iowa
Appeal from WinnesheiJc District Court RepleviN. The writ was directed to the coroner. Defendant moved to dismiss the action, for the reason that “the papers do not show any authority for the coroner to act in the premises.” This motion was sustained and the suit dismissed. Plaintiff appeals.
1Opinion of the CourtWeight, C. J.
The coroner performs the duties of the sheriff, when there is no sheriff; or where in a court of record, it happens that the sheriff is a party; or where an affidavit is filed stating a partiality, prejudice, consanguinity, or interest on the part of such officer. Code, sections 183 and 184.
*51. The claim in this case is, that the sheriff is the party defendant. This does not sufficiently appear from the record. It is not alleged in the petition, and the only place in which it is referred to, is in the concluding part of the writ. But even there it is not stated that the defendant is the…
2Cited by3 opinions
- Minott v. VineyardSupreme Court of Iowa · 1860
- Doherty v. KalmbachCourt of Appeals for the D.C. Circuit · 1936
- Saubman v. GreatrakesSupreme Court of Iowa · 1872