Upton v. County of Clinton
Supreme Court of Iowa
Appeal from Olinton District Court. When this action was commenced the plaintiff was, and had been for a time previous, Mayor of the city of. Clinton, in the county of Clinton. As such mayor there were brought before him for trial a number of persons charged with violating the laws of the state, the specific offense being intoxication, which was not punishable under the ordinances of the city.
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Appeal from Olinton District Court. When this action was commenced the plaintiff was, and had been for a time previous, Mayor of the city of. Clinton, in the county of Clinton. As such mayor there were brought before him for trial a number of persons charged with violating the laws of the state, the specific offense being intoxication, which was not punishable under the ordinances of the city. For services rendered in these cases the plaintiff claims certain fees, which the defendant’s board of supervisors refused to allow, and this action was brought for the purpose of enforcing payment for…
1Opinion of the CourtSeevers, J.
i stAYoit- as state casiis. It is practically conceded by counsel for tin, appellant if the services rendered by the plaintiff had been Perf01'med by a justice of the peace the latter have been entitled to the claimed compensation.
The only question for determination, then, is whether a. mayor of a city who performs the duties of a justice of the-peace in criminal actions, prosecuted in thp name of the state, is entitled to the same compensation, to be paid in the same manner, as are justices of the peace whose compensation and mode of payment is fixed by statute.
Section 506 of the Code…
2Cases cited1 opinion
- Ripley v. GiffordSupreme Court of Iowa · 1860
3Cited by9 opinions
- Rhea v. BrewsterSupreme Court of Iowa · 1906
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
- Moore v. Independent District of Toledo CitySupreme Court of Iowa · 1881
- City of Council Bluffs v. WatermanSupreme Court of Iowa · 1892
- DuBois v. City of OskaloosaSupreme Court of Iowa · 1940
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