State ex rel. Jebens v. Noth
Supreme Court of Iowa
Appeal from Scott District Court. — A. P. Barker, Judge. Action to test defendant’s right to the office of councilman of the city of Davenport resulted in a judgment ousting him. He appealed, and on motion the judgment was suspended, pending the appeal. The plaintiff has moved to set aside such order, and this is the subject of the annexed opinion.
1Opinion of the CourtLadd, J.
1. municipal coporations: council: mayor as member: number necessary to elect. — The city of Davenport is acting under special charter and is divided into six wards. The council consists of a mayor, two aldermen at large and an alderman from each ward- S- p- Boyden, the alderman from the sixth ward, died December 20, 1914; and on the 29th of the same month, the . council met to fill the vacancy occasioned thereby. The seven aldermen and the mayor were present. There were two candidates for the place, both of whom were qualified, the' defendant Noth and one Howard. Four aider-men voted for…
2Cases cited6 opinions
- Whitney v. Common Council of HudsonMichigan Supreme Court · 1888
- State ex rel. Young v. YatesMontana Supreme Court · 1897
- State ex rel. Hawkins v. CookSupreme Court of New Jersey · 1898
- Griffin v. MessengerSupreme Court of Iowa · 1901
- Horner v. RowleySupreme Court of Iowa · 1879
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3Cited by3 opinions
- Scheffers v. ScheffersSupreme Court of Iowa · 1950
- Doonan v. City of WintersetSupreme Court of Iowa · 1937
- Doonan v. City of WintersetSupreme Court of Iowa · 1937