State v. Minton
Supreme Court of Iowa
Appeal from Harrison Circuit Court. On the 23d day of February, 1878, Charles Gilmore obtained permission of the judge of the Fourth Judicial Circuit to commence and prosecute an action against one Jacob Min-ton, under chapter 6, of title 20, of the Code of 1873. On the Gtli day of March, 1878, Charles Gilmore filed in the Harrison Circuit Court an information entitled Charles Gilmore v. Jacob Minton, stating his cause of action as follows: “That on the 28th of January,…
Read the full summary
Appeal from Harrison Circuit Court. On the 23d day of February, 1878, Charles Gilmore obtained permission of the judge of the Fourth Judicial Circuit to commence and prosecute an action against one Jacob Min-ton, under chapter 6, of title 20, of the Code of 1873. On the Gtli day of March, 1878, Charles Gilmore filed in the Harrison Circuit Court an information entitled Charles Gilmore v. Jacob Minton, stating his cause of action as follows: “That on the 28th of January, 1878, he was duly appointed school treasurer by the school board of the district township of Raglan, in Harrison county,…
1Opinion of the CourtDay, J.
I. It is urged that there was error in overruling the demurrer. The exception taken to this ruling was waived by filing the answer.
1. qtto -vvarranmentpPoint" . II. It is claimed by appellant that if the relator was acting as treasurer by appointment of the board of directors, no question of title could arise to the office to be _ . .. . Renamed by quo toarrcmto, ana that the remedy of the relator is by some other proceeding. It is urged that no question of title could arise if all that the relator claims is true, because, as between the relator and the defendant, the board, in their action,…
2Cited by3 opinions
- State ex rel Freeman v. CarveySupreme Court of Iowa · 1915
- State ex rel. Hartnett v. PowellSupreme Court of Iowa · 1897
- State of Iowa ex rel. Gary Dickey v. Jason BeslerSupreme Court of Iowa · 2021