Legal Opinion

Warren County v. Polk County

Supreme Court of Iowa

Decided October 6, 1893Published

Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. This is an action at law, by which the plaintiff seeks to recover of the defendant the sum of seven hundred dollars which was deposited with the clerk of the district court of Polk county by one Ackerman to secure his appearance in the proper court on a criminal charge. Ackerman failed to make an appearance, and forfeited the money.

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Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. This is an action at law, by which the plaintiff seeks to recover of the defendant the sum of seven hundred dollars which was deposited with the clerk of the district court of Polk county by one Ackerman to secure his appearance in the proper court on a criminal charge. Ackerman failed to make an appearance, and forfeited the money. The plaintiff county claims that it is entitled to the money for the benefit of its school fund. There was a demurrer to the petition, which was sustained. The plaintiff stood upon the petition, and…

1Opinion of the CourtRotheock, J.

It appears from the averments of the petition that one Ackerman was indicted in Polk county for the crime of larceny. Iiis bail was fixed at seven hundred dollars, which sum he deposited with the clerk of'the district court of Polk county. He appeared in obedience to his obligation to do so, and was twice put upon trial in that county, at each of which trials the jury failed to agree upon a verdict. He then made application for a change of the place of trial, and a change was granted, and the case sent to the district court of Warren county. The clerk of the district court of Polk county…

2Cases cited2 opinions

  1. Decatur County v. MaxwellSupreme Court of Iowa · 1868
  2. Lucas County v. WilsonSupreme Court of Iowa · 1883

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