Legal Opinion

Guanella v. Pottawattamie County

Supreme Court of Iowa

Decided October 27, 1891PublishedCited by 3 opinions

Appeal from Council Bluffs Superior Court. — Hon. E. E. Aylesworth, Judge. Action to recover fees alleged to have been earned by the plaintiff as city marshal in criminal cases. A demurrer to the petition was overruled, and, the defendant refusing to plead further, judgment was rendered in favor of the plaintiff for the amount of his claim. The defendant appeals.

1Opinion of the CourtRobinson, J.

The petition alleges that the plaintiff, as marshal of the city of Council Bluffs, per*37formed services and earned fees in criminal cases, in •which the state of Iowa was the plaintiff, to the amount •of four hundred and eighty-three dollars and sixty-five cents, and judgment for that amount, with interest, is demanded. • Section 536 of the Code prescribes certain powers and duties of the city marshal, and provides that “he shall have, in the discharge of his proper •duties, like powers, be subject to like responsibilities, and shall receive the same fees, as sheriffs and constables in similar…

2Cases cited5 opinions

  1. Upton v. County of ClintonSupreme Court of Iowa · 1879
  2. Howland v. Wright CountySupreme Court of Iowa · 1891
  3. Bryan v. City of Des MoinesSupreme Court of Iowa · 1879
  4. Christ v. Polk CountySupreme Court of Iowa · 1878
  5. Labour v. Polk CountySupreme Court of Iowa · 1887

3Cited by3 opinions

  1. Mousseau v. City of Sioux CitySupreme Court of Iowa · 1901
  2. Hyatt v. Hamilton CountySupreme Court of Iowa · 1903
  3. City of Des Moines v. Polk CountySupreme Court of Iowa · 1899

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