State ex rel. Dusey v. Creston Mutual Telephone Co.
Supreme Court of Iowa
Appeal from Union District Court. — P. C. Winter, Judge. Quo warranto, to test the legality of a franchise granted appellee at the general election held in the city of Crestón, November 2, 1920. The case was tried to a jury; but, at the close of the plaintiff’s evidence, upon motion of appellee, the issues were withdrawn from the jury, and, after the introduction of defendant’s testimony, the court dismissed plaintiff’s petition. Plaintiff appeals.
1Opinion of the CourtStevens, J.
Crestón, a city of 8,000 people, is divided into five wards. At the general election held on November 2, 1920, a proposition to grant a franchise to appellee for the use of the streets of said city was voted upon. The proposition carried by a majority of 19. Omitting the vote of the second ward, which is challenged by appellant, there was a majority against the proposition of 44. Briefly stated, the record, without serious dispute, shows that George Atkinson, general manager of appellee, Henry Tramp, a stockholder, J. W. Stratton, and others visited the polling place in the second ward some…
2Cases cited11 opinions
- Davenport v. OlerichSupreme Court of Iowa · 1897
- Kinney v. HowardSupreme Court of Iowa · 1907
- Mentzer v. DavisSupreme Court of Iowa · 1899
- DeLong v. BrownSupreme Court of Iowa · 1901
- Younker v. SusongSupreme Court of Iowa · 1916
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3Cited by6 opinions
- Poor v. Incorporated Town of DuncombeSupreme Court of Iowa · 1942
- Westphal v. City of Council BluffsSupreme Court of Iowa · 1979
- Marsh v. HuffmanSupreme Court of Iowa · 1925
- Allen v. FunchessMississippi Supreme Court · 1943
- Armstrong v. City of HartfordSupreme Court of Connecticut · 1952
1 more not listed; retrieve them via the Exa API.