White v. Polk County
Supreme Court of Iowa
Appeal from Pollc District Court. In the absence of the district attorney, plaintiff was appointed by the District Court in Polk county, special prosecutor for tbe August term, 1861. This action is brought to recover for the value of the services rendered, pursuant to such appointment. The other material facts will appear from the opinion. Defendant appeals.
1Opinion of the Court
WRIGHT, Ch. J.
1. district power toap-point' I. It is first claimed that the District Court has no authority to appoint a prosecutor; that the office of district attorney is a State office, and his place can only be supplied by the governor in the manner provided by law. We do not understand that there was a vacancy in the office of district attorney; but that the incumbent was temporarily absent, being prevented, by. necessary absence from the State, from attending to his duties, at the time named, in Polk county. It was never contemplated that the power of the governor to fill vacancies in…
2Cases cited1 opinion
- Samuels v. County of DubuqueSupreme Court of Iowa · 1862
3Cited by33 opinions
- Filarsky v. DeliaSupreme Court of the United States · 2012
- Wayne Circuit Judges v. Wayne CountyMichigan Supreme Court · 1969
- Baker v. Johnson CountySupreme Court of Iowa · 1871
- Webster County Board of Supervisors v. FlatterySupreme Court of Iowa · 1978
- Grand Traverse County v. StateMichigan Supreme Court · 1995
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