Hawes v. Miller
Supreme Court of Iowa
Appeal from Delaware Circuit Court. Action in chancery to set aside and declare void an election held in Delaware county, upon the question of removing the county seat from Delhi to Manchester, at which a majority of the votes were declared by the county canvassers to be in favor of the removal; and to enjoin the supervisors of the county from making any order in pursuance of said action, and to restrain the county officers from removing their offices to Manchester.
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Appeal from Delaware Circuit Court. Action in chancery to set aside and declare void an election held in Delaware county, upon the question of removing the county seat from Delhi to Manchester, at which a majority of the votes were declared by the county canvassers to be in favor of the removal; and to enjoin the supervisors of the county from making any order in pursuance of said action, and to restrain the county officers from removing their offices to Manchester. A preliminary injunction was allowed upon plaintiff’s petition. Upon a trial on the merits the preliminary injunction was…
1Opinion of the CourtBeck, J.
I. There is no dispute as to the facts of the case, and but two questions of law are presented for our determination. It becomes unnecessary to state the facts or recite the pleadings further than they are involved in these questions.
A vote was ordered at a general election upon the question of the removal of the county seat of Delaware county from Delhi, then the county seat, to Manchester. The proclamation for the election, authorized by the statute, stated the question to -be voted on in this language: “ Shall the county seat of Delaware county, Iowa, be relocated from Delhi to…
2Cases cited9 opinions
- Dishon v. SmithSupreme Court of Iowa · 1859
- State ex rel. Newell v. PurdyWisconsin Supreme Court · 1874
- Carrothers v. RussellSupreme Court of Iowa · 1880
- People ex rel. Akin v. MattesonIllinois Supreme Court · 1855
- State v. CaversSupreme Court of Iowa · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People Ex Rel. Skelton v. City of Los AngelesCalifornia Supreme Court · 1901
- Ford v. Town of North Des MoinesSupreme Court of Iowa · 1890
- State ex rel. Smith v. AndersonSupreme Court of Florida · 1890
- Lehigh Sewer Pipe & Tile Co. v. Incorporated Town of LehighSupreme Court of Iowa · 1912
- Adair v. McElreathSupreme Court of Georgia · 1928
9 more not listed; retrieve them via the Exa API.