Bryan v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. Action to recover for fees and salary as city marshal. The petition contains four counts. The first is for fees for service of orders and notices; the second is for fees for service of process in State cases; the third is for fees for service of process in city cases; and the fourth is for a balance of salary claimed to be due under an ordinance in force at the commencement of the plaintiff’s term of office.
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Appeal from Polk District Court. Action to recover for fees and salary as city marshal. The petition contains four counts. The first is for fees for service of orders and notices; the second is for fees for service of process in State cases; the third is for fees for service of process in city cases; and the fourth is for a balance of salary claimed to be due under an ordinance in force at the commencement of the plaintiff’s term of office. The questions presented were raised by answer and demurrer to the answer. The court allowed the plaintiff constables’ fees in State cases ; disallowed the…
1Opinion of the CourtAdams, J.
i. city martoppk ' —I. The claim for fees for service of orders and notices was disallowed, and on this the plaintiff assigns error, The claim was disallowed upon the ground that under a certain ordinance of the city such fees were not allowable. The ordinance provided in substance that the marshal should receive as full compensation a salary of seventy-five dollars per month, and legal fees in State cases. The authority to pass the ordinance is predicated upon section 524 of the Code, which provides that the officers of cities shall receive such compensation and fees for their services as…
2Cited by4 opinions
- City of Council Bluffs v. WatermanSupreme Court of Iowa · 1892
- City of Des Moines v. HillisSupreme Court of Iowa · 1881
- Guanella v. Pottawattamie CountySupreme Court of Iowa · 1891
- Christ v. City of Des MoinesSupreme Court of Iowa · 1880