Daniels v. Newbold
Supreme Court of Iowa
Appeal from, Henry District Court.— Hon. James D. Smyth, Judge. The petition alleges: That plaintiff is a citizen and taxpayer of the city of Mf. Pleasant, and the defendants mayor and councilmen thereof.
Read the full summary
Appeal from, Henry District Court.— Hon. James D. Smyth, Judge. The petition alleges: That plaintiff is a citizen and taxpayer of the city of Mf. Pleasant, and the defendants mayor and councilmen thereof. That on April 7, 1902, five ballots were taken for city weighmaster, on the last of which three councilmen voted, for plaintiff, four for one Chamberlain, and one for Harrison, but that the last-mentioned vote was recorded for Chamberlain, whereupon the mayor declared the vote a tie, cast his vote for Chamberlain, and declared him duly elected. At an adjourned meeting, two days later, the…
1Opinion of the CourtLadd, J.
1. Certiorary: election contests; quo warranto. This is not a contest for the office of weigh-master of Mt. Pleasant, hut a suit to remove or correct the record of such an election by the city council. The petition aver that either plaintiff or the party the record indicates was elected to be in possession of the office. In this situation it is difficult to discover plaintiff’s interest in the prosecution. Desmond v. McCarthy, 17 Iowa, 525. Were the latter in possession, proceedings in the nature of quo warranto would seem to be the appropriate remedy. State v. Board, etc., Jersey City, 48 N.…
2Cases cited9 opinions
- People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877
- Attorney General v. Mayor of NorthamptonMassachusetts Supreme Judicial Court · 1887
- State v. AlexanderSupreme Court of Iowa · 1899
- State v. Mayor of MillvilleSupreme Court of New Jersey · 1891
- Desmond v. McCarthySupreme Court of Iowa · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Massey v. City Council of Des MoinesSupreme Court of Iowa · 1948
- Parnell v. State Ex Rel. WilsonArizona Supreme Court · 1949