Legal Opinion

State ex rel. Jones v. Sargent

Supreme Court of Iowa

Decided January 11, 1910PublishedCited by 11 opinions

Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Quo warranto proceedings to test the validity of the defendants’ appointments as members of .the Board of Fire and' Police Commissioners of the city of Council Bluffs and to oust the defendants from their positions as such. Eel a tor pleads that he was and is Chief of the Fire Department of the aforesaid city, and that defendants were threatening to interfere with him in the discharge of his duties.

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Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Quo warranto proceedings to test the validity of the defendants’ appointments as members of .the Board of Fire and' Police Commissioners of the city of Council Bluffs and to oust the defendants from their positions as such. Eel a tor pleads that he was and is Chief of the Fire Department of the aforesaid city, and that defendants were threatening to interfere with him in the discharge of his duties. The trial court dismissed the petition, and plaintiff appeals. —

1Opinion of the CourtDeemer, C. J.

Belator was duly chosen chief of the fire department- of the city of Council Bluffs in the year 1906, and at the time of the commencement of this suit was acting as such. On or about April 8, 190J, the then mayor of said city appointed defendants . B. M. Sargent, a [Republican, and Hubert Tinley and L. Zurmuehlen, *300Democrat, as members of the board of fire and police commissioners for the city under the provisions of Acts 32 d Gen. Assem., chapter 29, and Acts 29th General Assembly, chapter 31, all appearing now as chapter 2A, title 5, of the Code Supplement of Iowa.. It is alleged that-the…

2Cases cited15 opinions

  1. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  2. People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
  3. City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
  4. Rathbone v. . WirthNew York Court of Appeals · 1896
  5. Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890

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3Cited by11 opinions

  1. State Ex Rel. Buttz v. Marion Circuit CourtIndiana Supreme Court · 1947
  2. Reese v. DempseyNew Mexico Supreme Court · 1944
  3. State v. WrennSupreme Court of Iowa · 1922
  4. Mills v. GaynorSupreme Court of Connecticut · 1950
  5. Thurber v. DuckworthSupreme Court of Iowa · 1914

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