Collins v. Ripley
Supreme Court of Iowa
Appeal from the Floyd District Court. In March, 1858, a petition was presented to the county judge of Eloyd county, praying that a vote might be taken at the succeeding April election, upon the question of the removal of the county seat from St. Charles to section twelve, township ninety-five north, range sixteen west, near the geographical, center of the county. The petition was granted, and notice issued for such an election.
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Appeal from the Floyd District Court. In March, 1858, a petition was presented to the county judge of Eloyd county, praying that a vote might be taken at the succeeding April election, upon the question of the removal of the county seat from St. Charles to section twelve, township ninety-five north, range sixteen west, near the geographical, center of the county. The petition was granted, and notice issued for such an election. During the same month, a petition for an iniunction was presented to the Hon. T. S. Wilson, judge of the second judicial district, to restrain further proceedings in…
1Opinion of the Court
"Woodward, J".
-The error assigned is the sustaining the motion to dissolve the injunction, “ for the reasons set forth in said motion and we will limit ourselves tojliese reasons.
When the defendant says that the petitioner is not entitled to become relator, we presume he means petitioner, for it is only the position of a complainant in a bill in equity, praying an injunction, that Collins assumes, and not that of relator in an information for a mandamus or for a quo warranto.
We do not readily see the force of the reasoning assigned in the motion. Collins complains in behalf of himself and…
2Cases cited1 opinion
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
3Cited by7 opinions
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Miller v. Incorporated Town of MilfordSupreme Court of Iowa · 1937
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
- Bennett v. HetheringtonSupreme Court of Iowa · 1875
- Abbott v. Iowa CitySupreme Court of Iowa · 1938
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