Christ v. Polk County
Supreme Court of Iowa
Appeal from Polk District Court. The plamtiff was marshal of the city of Des Moines from the 1st day of April, 1876, until the commencement of this action. As such marshal he made arrests, served processes, and did other acts incumbent upon him as duties pertaining to his office in cases wherein the State of Iowa was plamtiff. This action is brought to recover of Polk county for fees in such cases.
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Appeal from Polk District Court. The plamtiff was marshal of the city of Des Moines from the 1st day of April, 1876, until the commencement of this action. As such marshal he made arrests, served processes, and did other acts incumbent upon him as duties pertaining to his office in cases wherein the State of Iowa was plamtiff. This action is brought to recover of Polk county for fees in such cases. The parties made a stipulation in regard to the facts, and also as to what questions of law should be submitted to the court. The stipulation is in the following words : “1. It is agreed that the…
1Opinion of the CourtAdams, J.
1. i’ües: city m.udiai. In the view which we have taken of the case, it will be necessary to determine only the first question 0f law submitted.
The plaintiff’s claim for fees, as against Polk county, is *304based upon section 538 of the Code. That section provides that a city marshal “ 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 cases. ” The plaintiff claims that he has performed ser- • vices of the same character as those which devolve upon a sheriff, and that the fair…
2Cited by4 opinions
- Guanella v. Pottawattamie CountySupreme Court of Iowa · 1891
- City of Des Moines v. Polk CountySupreme Court of Iowa · 1899
- Twinam v. Lucas CountySupreme Court of Iowa · 1897
- Upton v. County of ClintonSupreme Court of Iowa · 1879