Legal Opinion

City of Muscatine v. Sterneman

Supreme Court of Iowa

Decided January 27, 1870PublishedCited by 6 opinions

Appeal from General Term,, Seventh District (Muscatine County). Daniel Sterneman, one of the defendants, was duly elected to the office of wharfmaster for one year, at the charter election in the city of Muscatine, in March, 1865. He executed to the city his official bond, with Wilson and Hoehl as his sureties. The bond was approved and Sterneman entered upon the duties of his office.

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Appeal from General Term,, Seventh District (Muscatine County). Daniel Sterneman, one of the defendants, was duly elected to the office of wharfmaster for one year, at the charter election in the city of Muscatine, in March, 1865. He executed to the city his official bond, with Wilson and Hoehl as his sureties. The bond was approved and Sterneman entered upon the duties of his office. At the time of the execution of the bond — March 18, 1865 — no revenue stamp was affixed thereto, nor was there any stamp thereon when it was approved by the city. On the 22d of February, 1866, nearly a year…

1Opinion of the CourtMiller, J.

''application of congressionai act Appellant insists that the court erred in basing to admit the bond sued on in evi<jerLCe to the jury, because:

First. The penalties of section 158 of the act of June 30, 1864, apply only to instruments issued with intent to emade the provisions of that act.

This precise question was before this court in Hugus v. Strickler, 19 Iowa, 413, and it was there held adversely to the position of appellant. That ruling has been followed and- approved in O'Hare v. Leonard, id. 515; Miller v. Bone, id. 571; Botkins v. Spurgeon, 20 id. 598, and other cases.

Whatever doubts…

2Cases cited4 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Hugus v. StricklerSupreme Court of Iowa · 1865
  3. Mussellman v. MaukSupreme Court of Iowa · 1865
  4. Brown v. CrandalSupreme Court of Iowa · 1867

3Cited by6 opinions

  1. Lutton v. BakerSupreme Court of Iowa · 1919
  2. Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
  3. State v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1902
  4. Farmers' Loan & Trust Co. v. Council Bluffs Gas & Electric Light Co.U.S. Circuit Court for the Southern District of Iowa · 1898
  5. Jordan v. GoodsideSupreme Judicial Court of Maine · 1923

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