Stutsman v. McVicar
Supreme Court of Iowa
Appeal from Polh District Court. — Hon. Thomas F. Stevenson, Judge. Action for a peremptory writ of mandamus commanding the defendant, McVicar, as mlayor of said city, to attest the signature of the city auditor to a warrant issued by said auditor on the said city treasurer in favor of the plaintiff. The defendant, McVicar, answered, and the city of Des Moines intervened. The issues will appear in the opinion.
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Appeal from Polh District Court. — Hon. Thomas F. Stevenson, Judge. Action for a peremptory writ of mandamus commanding the defendant, McVicar, as mlayor of said city, to attest the signature of the city auditor to a warrant issued by said auditor on the said city treasurer in favor of the plaintiff. The defendant, McVicar, answered, and the city of Des Moines intervened. The issues will appear in the opinion. The question presented on this appeal was raised by demurrers to the answer and the petition of intervention, both of which were overruled, and, the plaintiff electing to stand on said…
1Opinion of the CourtGiven, J.
I. The facts are undisputed, and are as follows: The plaintiff made claim against the city for damages incurred by personal injuries. On October 18, 1897, the damage committee of the city council and the city solicit- or reported to the council recommending that two hundred dollars be allowed in full of said claim, whereupon the following proceedings were had by the council: “On motion of Alderman Wilkins the above report of the damage committee and assistant solicitor was adopted, and the auditor instructed to draw a warrant for the amount by yeas, 8, nays, none; Loper not present.” The city…
2Cases cited1 opinion
- Heins v. LincolnSupreme Court of Iowa · 1897
3Cited by3 opinions
- Rafferty v. Town CouncilSupreme Court of Iowa · 1917
- State of North Dakota v. DuisNorth Dakota Supreme Court · 1908
- Altman v. City of DubuqueSupreme Court of Iowa · 1900