Clark v. Tracy
Supreme Court of Iowa
Appeal from, Des Moines District Court. — Hoe. James D. Smythe, Judge. These parties were candidates for the office of county attorney for Des Moifies county, and votes were cast for each at the general ¡election held November 6, 1894. November 12,1894, the board of supervisors, sitting as a board of canvassers, declared incumbent duly elected.
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Appeal from, Des Moines District Court. — Hoe. James D. Smythe, Judge. These parties were candidates for the office of county attorney for Des Moifies county, and votes were cast for each at the general ¡election held November 6, 1894. November 12,1894, the board of supervisors, sitting as a board of canvassers, declared incumbent duly elected. November 28,1894, contestant filed his statement of contest with the county auditor, and a court of contest was duly organized, and convened December 18,1894. Incumbent filed a motion to dismiss the proceedings upon the grounds that the statement of…
1Opinion of the CourtGiven, C. J.
1 I. If the office of county attorney is a connty office, the statement of contest was filed with the proper officer. Code, section 697. In the recent case of State v. Kovolosky, 92 Iowa, 498 [61 N.W. Rep. 223], this court held that it is a county office. It is insisted on behalf of incumbent that what is there said on that subject is dicta, and that the case was decided upon the authority of former rulings that the signature of the prosecuting officer to an indictment was not essential. The question under consideration was made and fully considered in that-case, and we are content with the…
2Cases cited1 opinion
- State v. KovoloskySupreme Court of Iowa · 1894
3Cited by1 opinion
- Furguson v. HenrySupreme Court of Iowa · 1895