State v. Cavers
Supreme Court of Iowa
Appeal from Delaware District Gourt. This is a suit for mandamus, and grew out of an effort to re-locate the county seat of Alamakee county. It was originally brought in that county by L. O. Hatch, Esq., against the defendants, but was afterward taken by change of venue to Delaware county, and, by order of court, the State of Iowa was substituted as plaintiff. Upon the final trial a peremptory mandamus was awarded, and from that judgment both parties appeal.
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Appeal from Delaware District Gourt. This is a suit for mandamus, and grew out of an effort to re-locate the county seat of Alamakee county. It was originally brought in that county by L. O. Hatch, Esq., against the defendants, but was afterward taken by change of venue to Delaware county, and, by order of court, the State of Iowa was substituted as plaintiff. Upon the final trial a peremptory mandamus was awarded, and from that judgment both parties appeal. A motion is made in this court to dismiss the defendant’s appeal. It will conduce to perspicuity to state the facts relating to each…
1Opinion of the CourtCole, J.
1. Practice: interference of nominal party: board of supervisors. I. As to the motion to dismiss the defend-exit’s appeal. The suit is brought against the individuals, by name, composing the board of canvassers, they being also the supervisors of the county, A portion of the defendants filed their answer plaintiff’s original petition, admitting the material facts as alleged, but denying that they had contributed, by their votes or conduct, to the doing of the acts of which the plaintiff complained. A majority of the board of canvassers, however, filed their answer, denying a part of the…
2Cited by16 opinions
- Rice v. Board of CanvassersSupreme Court of Kansas · 1893
- Hawes v. MillerSupreme Court of Iowa · 1881
- State ex rel. Welty v. McFaddenNebraska Supreme Court · 1896
- Fries & Co. v. PorchSupreme Court of Iowa · 1878
- People Ex Rel. Del Valle v. ButlerCalifornia Court of Appeal · 1912
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