Mousseau v. City of Sioux City
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. George W. Wakefield,- Judge. The petition alleged tha on or about November 1, 1198, the plaintiff'and 18 others, whose claims -had been assigned to him,' were appointed and acted as special policemen during the day of the' general election, and he prayed judgment for the reasonable value of su'ch services.
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Appeal from Woodbury District Court. — Hon. George W. Wakefield,- Judge. The petition alleged tha on or about November 1, 1198, the plaintiff'and 18 others, whose claims -had been assigned to him,' were appointed and acted as special policemen during the day of the' general election, and he prayed judgment for the reasonable value of su'ch services. The city in its demurrer questioned its liability, on the ground that such services were chargeable to the county, and not to it. The county’s demurrer was based on the absence of any provision of the Code fixing its liability. The ’city’s…
1Opinion of the CourtLadd, J.
1 *2482 *247No recovery for services rendered by public officers may be had unless compensation is directed by statute. Guanella v. Pottawattamie County, 84 Iowa, 36; Howland v. Wright County, 82 Iowa, 165. The state is not bound to provide for such payment, and he who takes employment under its agency accepts, with the -honors, the burdens also. Jefferson County v. Wollard, 1 G. Greene, 432. And a claim against a city or county -is not just unless the law somewhere requires or autnorizes its payment. Foster v. Clinton County, 51 Iowa, 541; Turner v. Woodbury County, 57 Iowa, 440. Whether plaintiff…
2Cases cited6 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Daily Leader v. Cameron, AuditorSupreme Court of Oklahoma · 1895
- People ex rel. Throop v. LangdonMichigan Supreme Court · 1879
- Foster & Foster v. County of ClintonSupreme Court of Iowa · 1879
- Turner & Co. v. Woodbury CountySupreme Court of Iowa · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Anderson v. Board of Com'rs of Grant CountySupreme Court of Oklahoma · 1914
- City of Ft. Scott v. W. G. Eads Brokerage Co.Court of Appeals for the Eighth Circuit · 1902
- Board of Com'rs of Washita County v. BrettSupreme Court of Oklahoma · 1912
- Rhea v. BrewsterSupreme Court of Iowa · 1906
- State v. GohlWashington Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.