Legal Opinion · Dissent

Upton v. County of Clinton

Supreme Court of Iowa

Decided October 28, 1879Published

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…

1Dissent

Adams, J.,

dissenting. — The Code provides that the mayor of each city shall be a magistrate. By this provision lie is not simply clothed with the functions of a magistrate, but he is actually made one. This case differs from Christ v. Polk County, 48 Iowa, 302. In that case the plaintiff, as city marshal, had performed the duties of sheriff, or such duties as would otherwise have devolved upon the sheriff. But he did not perform the duties as sheriff. What he did he did as city marshal. In the case at bar, the services in question were not rendered by the plaintiff as mayor, and if not as…

2Cases cited1 opinion

  1. Christ v. Polk CountySupreme Court of Iowa · 1878

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