Legal Opinion

Mathews v. Clayton County

Supreme Court of Iowa

Decided February 10, 1890PublishedCited by 4 opinions

Appeal from Clayton District Court. — Hon. L. O. Hatch, Judge. Plaintiee brings this action to recover from defendant certain fees claimed to be due him as justice of the peace, from the defendant county, for services rendered in certain criminal cases. The case was submitted to the court on an agreed statement of facts, and judgment rendered against the defendant for ninety-six dollars and costs, to which the defendant excepted.

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Appeal from Clayton District Court. — Hon. L. O. Hatch, Judge. Plaintiee brings this action to recover from defendant certain fees claimed to be due him as justice of the peace, from the defendant county, for services rendered in certain criminal cases. The case was submitted to the court on an agreed statement of facts, and judgment rendered against the defendant for ninety-six dollars and costs, to which the defendant excepted. The trial judge certifies the question upon which it is desirable to have an opinion of this court as follows: “This suit is brought by the plaintiff, a justice of…

1Opinion of the CourtGiven, J.

I. Among' the provisions of section 3804, Code, fixing the fees of justices of the peace, is the following: “For trial of all causes, civil or criminal, for each six hours, or fraction thereof, one dollar.” Our inquiry is whether the facts certified show a trial, within the meaning of this paragraph. “A trial is a judicial examination of the issues in an action, whether they be issues of law or of fact.” Code, sec. 2739. “ Issues arise in the pleadings where a fact or conclusion of law is maintained by one party, and controverted by the other. They are of two kinds : (1) Of law; (2) of fact.”…

2Cases cited1 opinion

  1. Shaw v. KendigSupreme Court of Iowa · 1881

3Cited by4 opinions

  1. State ex rel. Montana Central Railway Co. v. District CourtMontana Supreme Court · 1905
  2. Wheeler v. Clinton CountySupreme Court of Iowa · 1894
  3. Columbus Junction Telephone Co. v. OverholtSupreme Court of Iowa · 1905
  4. Maule Ojus Rock Co. v. LumpkinSupreme Court of Florida · 1932

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