Legal Opinion

State v. Sherman

Supreme Court of Iowa

Decided July 13, 1877PublishedCited by 11 opinions

Appeal from Polk District Court. This is a mandamus proceeding for the purpose of compelling the defendant, the Auditor of State, to issue warrants upon the State.treasury in favor of the proper officer of the State University, for money appropriated for its support by Chap. 168, Acte Sixteenth General Assembly.

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Appeal from Polk District Court. This is a mandamus proceeding for the purpose of compelling the defendant, the Auditor of State, to issue warrants upon the State.treasury in favor of the proper officer of the State University, for money appropriated for its support by Chap. 168, Acte Sixteenth General Assembly. The petition alleges that, under the act, it is the duty of defendant, as Auditor of State, to draw certain warrants upon the State treasury, which he fails and neglects to perform. A demurrer to the petition, on the ground that it shows the money for which the warrants are asked is…

1Opinion of the CourtBeck, J.

Certain constitutional provisions and legislative enactments affecting the State University may be briefly stated, as they have a bearing upon the question involved in this suit. The University was established by express provisions of the Constitution of the State. Art. 9, Sec. 11; Art. 11, Sec. 8. The State received a generous grant of lands from the General Government for the support of the University. Art. 9, P. 2, Sec. 5, of the Constitution, secures the faithful discharge of the trust assumed by the State in accepting these lands; and Art. 9, P. 2, Sec. 3, imposes upon the General…

2Cited by11 opinions

  1. Case v. OlsonSupreme Court of Iowa · 1944
  2. State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
  3. Chamberlain v. Iowa Telephone Co.Supreme Court of Iowa · 1903
  4. Smith v. Sioux City Stock Yards Co.Supreme Court of Iowa · 1935
  5. Seavert v. CooperSupreme Court of Iowa · 1919

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