Legal Opinion

State Ex Rel. Halbach v. Claussen

Supreme Court of Iowa

Decided September 27, 1933No. 42064PublishedCited by 18 opinions

1Opinion of the CourtStevens, J.

This action was instituted by the county attorney of Clinton county under the authority and provisions of chapter 531 of the Code (section 12417 et seq.). It is provided by section 12417, which is a part of said chapter of the Code of 1931, that:

“A civil action by ordinary proceedings may be brought in the name of the state in the following cases: 1. Against any person unlawfully holding or exercising any public office or franchise within this state, or any office in any corporation created by this state.”

Section 12419 further provides that:

“Such action may be commenced by the county attorney…

2Cases cited15 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Hobbs v. McLeanSupreme Court of the United States · 1886
  3. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  4. District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
  5. State ex rel. Everding v. SimonOregon Supreme Court · 1891

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3Cited by18 opinions

  1. Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa · 2017
  2. Hooper v. AlmandSupreme Court of Georgia · 1943
  3. Grant and McNamee v. PayneNevada Supreme Court · 1940
  4. Maddy v. City CouncilSupreme Court of Iowa · 1939
  5. Winter v. DavisIdaho Supreme Court · 1944

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