Gates v. Delaware County
Supreme Court of Iowa
Appeal from Delaware District Court. In April of 1858, the plaintiff was elected to the office of county superintendent of common schools for the county of Delaware, for the term of two years. Early in January following, he tendered to the county judge of said county, the following written resignation of his office, to wit: 11 Son.
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Appeal from Delaware District Court. In April of 1858, the plaintiff was elected to the office of county superintendent of common schools for the county of Delaware, for the term of two years. Early in January following, he tendered to the county judge of said county, the following written resignation of his office, to wit: 11 Son. A. D. House, County Judge, Delaware Co., Iowa : Owing to circumstances known to yourself, and the public generally, I feel constrained to resign the office which I have heretofore held, of county superintendent of common schools for this county; you will,…
1Opinion of the CourtLowe, C. J.
In the trial of this cause below, two errors are claimed to have occurred. The first relates to the admission of evidence said to be incompetent, consisting in the introduction before the jury of the written appointment by the county judge of W. A. Roberts as the successor of the plaintiff in the office of county superintendent, and also permitting to go the jury as evidence, the plaintiff’s letter of resignation with the indorsement thereon, above described, without more proof than was adduced to show acts on the part of the county judge to make the same effective in law as a resignation.
The…
2Cited by17 opinions
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- State Ex Rel. Conley v. ThompsonWest Virginia Supreme Court · 1925
- Rockingham County v. Luten Bridge Co.Court of Appeals for the Fourth Circuit · 1929
- Pace v. People ex rel. McMeenIllinois Supreme Court · 1869
- State ex rel. Toepke v. ClaytonSupreme Court of Kansas · 1882
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