Foster & Foster v. County of Clinton
Supreme Court of Iowa
Appeal from Clinton District Court. This case was submitted to the Clinton District Court upon an agreed statement of facts, as follows: “1. That Foster & Foster appeared for the State and prosecuted all the cases, as appears from their claim hereto attached, and that A. C. Perry, a private citizen, was the. informer in all the cases.
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Appeal from Clinton District Court. This case was submitted to the Clinton District Court upon an agreed statement of facts, as follows: “1. That Foster & Foster appeared for the State and prosecuted all the cases, as appears from their claim hereto attached, and that A. C. Perry, a private citizen, was the. informer in all the cases. “2. That each of said cases was for the trial and condemnation of certain intoxicating liquors, seized upon information before a magistrate of Clinton county, and condemned upon trial for violation of sections 1M4-5T6 of the Code. “3. That the said Foster &…
1Opinion of the CourtDay, J.
— I. The plaintiffs claim that they are entitled to recover because of their selection to prosecute the cases by A. S. McKinley, a constable of Clinton township. The provisions of the Code upon the subject are as follows: “Section 1551. All peace officers shall see that the provisions of this chapter are faithfully executed, and when informed that the law has been violated, or when they have reason to believe that the law has been violated, and that proof of the fact can be had, such officers shall go before a magistrate and make information of the same and of the person so violating the law.…
2Cases cited2 opinions
- Jaeger v. EvansSupreme Court of Iowa · 1877
- Blair v. Dubuque CountySupreme Court of Iowa · 1869
3Cited by10 opinions
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- Theis v. Board of County Com'rs of Beaver CountySupreme Court of Oklahoma · 1908
- Mousseau v. City of Sioux CitySupreme Court of Iowa · 1901
- State ex rel. Rochford v. Superior CourtWashington Supreme Court · 1892
- Hyatt v. Hamilton CountySupreme Court of Iowa · 1903
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