Legal Opinion

Herrick v. Carpenter

Supreme Court of Iowa

Decided September 22, 1880PublishedCited by 13 opinions

Appeal from- Louisa, Circuit Court. This is an action of certiorari to review the proceedings of the board of supervisors of Lousia county in ordering an election upon the question of the removal of the county seat.

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Appeal from- Louisa, Circuit Court. This is an action of certiorari to review the proceedings of the board of supervisors of Lousia county in ordering an election upon the question of the removal of the county seat. The Circuit Court held that the supervisors exceeded their powers in proceedings had which resulted in an order for an election, and reversed such order and required the supervisors to proceed anew in the manner prescribed by tbe law as declared in tbe judgment of the court. Erom this judgment tbe supervisors appeal.

1Opinion of the CourtBeck, J.

1. COTI STY seat: removal: board of supervisors. I. Tbe plaintiff filed an amended abstract setting out matters wbicb, be alleges, appear in tbe record and'are not shown in tbe defendants’ abstract. Tbe defendants alSo file an additional or further abstract, 0f these additional abstracts is assailed by tbe oposite party by a motion to strike, each motion being based mainly on tbe ground that tbe abstract assailed was not filed within proper time. In view of the peculiar facts and condition of tbe case, which need not be here stated, we think each motion should be overruled and that tbe…

2Cases cited3 opinions

  1. Bennett v. HetheringtonSupreme Court of Iowa · 1875
  2. Baker v. Board of SupervisorsSupreme Court of Iowa · 1875
  3. Loomis v. BaileySupreme Court of Iowa · 1877

3Cited by13 opinions

  1. State ex rel. Brewster v. MohlerSupreme Court of Kansas · 1916
  2. Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
  3. Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
  4. Pine Bluff Water & Light Co. v. City of Pine BluffSupreme Court of Arkansas · 1896
  5. Bremer County v. WalsteadSupreme Court of Iowa · 1906

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